Disposed

Amar Jeet Yadav and Others v. State of U.P. Thru Prin Secy Home Deptt and Other

Allahabad HC17 Oct 2023/975/2022

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC to quash criminal proceedings, the High Court did not accept the claim of compromise as a basis for quashing. The court directed the trial court to verify the compromise personally before allowing any quashing and stayed coercive action for one month.

What did the court decide?

Stayed coercive action for one month; directed trial court to verify compromise and report back.

Amar Jeet Yadav and Others Vs State of U.P. Thru Prin… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:68279

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 975 of 2022

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Applicant :- Amar Jeet Yadav And Others Opposite Party :- State Of U.P. Thru Prin Secy Home Deptt And Other

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Counsel for Applicant :- Pawan Kumar Pandey Counsel for Opposite Party :- G.A.,Jay Prakash Singh

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants, learned counsel for private respondent as well as 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 27.08.2020 arising out of F.I.R./Case Crime No.236 of 2018 U/s 452, 354(kha), 323 I.P.C., Police StationRajesultanpur, District- Ambedkar Nagar as well as proceedings of Case No.6441 of 2021.

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Learned counsel for the applicants submits 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.4 to the application.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned 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 trial 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, 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 concerned 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 applicants in the aforesaid case.

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

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Order Date :- 17.10.2023 Arpan

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

Amar Jeet Yadav and Others v. State of U.P. Thru Prin Secy Home Deptt and Other

Case brief

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Amar Jeet Yadav and Others v. State of U.P. Thru Prin Secy Home Deptt and Other

Case brief

What is this about?

What did the court decide?

What the court decided

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