Disposed

Sandeep Kumar @ Sandeep v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Allahabad HC24 Jul 2023/7058/2023

Case brief

AI extract

What is this about?

The court disposed of an application under Section 482 CrPC for quashing criminal proceedings. It directed the trial court to verify a filed compromise deed by summoning signatories before allowing the applicant to approach this Court again.

What did the court decide?

Application disposed with direction to lower court to verify compromise; stay on coercive action for one month.

Sandeep Kumar @ Sandeep Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:48534

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 7058 of 2023

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Applicant :- Sandeep Kumar @ Sandeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Rajeev Mishra,Ajay Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Shri Piyush Tripathi, Advocate on behalf of the opposite party No.2 is taken on record.

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Heard learned counsel for the applicant, learned counsel for the opposite party No.2, learned A.G.A. for the State and perused the record.

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The instant application has been filed for quashing the charge-sheet dated 12.09.2022 filed in Case Crime/FIR No.448 of 2022, under Sections 376, 504, 506 I.P.C. and 3/4 POCSO Act, Police Station Akbarpur, District Ambedkar Nagar as well as summoning order dated 11.02.2023 passed in Case No.30 of 2023.

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Learned counsel for the applicant submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.10 to the application.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter,

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proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

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The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

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For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.

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Office is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same.

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Order Date :- 24.7.2023 Amit/-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Sandeep Kumar @ Sandeep v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Case brief

What is this about?

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Sandeep Kumar @ Sandeep v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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