Disposed

Gopal and 2 Others v. State of U.P. and Another

Allahabad HC3 Oct 2023A482/25953/2023

Case brief

AI extract

What is this about?

On a Section 482 Cr.P.C. application to quash criminal proceedings based on an out-of-court settlement and compromise deed, the High Court did not quash the proceedings but disposed of the application by remitting the matter to the trial court for verification of the compromise.

What did the court decide?

Application disposed of; parties to appear before trial court for verification of compromise deed; no coercive measures for five weeks.

Gopal and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:188827

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 25953 of 2023 Applicant :- Gopal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shantanu Pandey,Prasoon Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Vakalatnama filed today by Sri Chandan Singh, Advocate, on behalf of the opposite party no.2, is taken on record.

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Heard learned counsel for the applicants, Sri Chandan Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Criminal Case No.136 of 2010 (Smt.Triveni vs. Gopal and others), under Section 156(3) Criminal Procedure Code, Police Station- Chhatta, District- Agra, pending in the court of Special Judge, Dacoity, Agra.

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Learned counsel for the applicants submits that both the parties have amicably settled their dispute out of the Court. Learned counsel for the applicants submits that complainant does not want to proceed further in the proceeding against the applicants. Compromise deed dated 23.05.2023 has been filed as Annexure -4 to the affidavit.

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Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the fact.

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Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order and compromise deed on the next date fixed. It is, therefore, expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

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In view of the above, the present application is disposed of.

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For a period of five weeks, no coercive measure shall be taken against the applicants.

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Order Date :- 3.10.2023

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SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Gopal and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Gopal and 2 Others v. State of U.P. and Another

Case brief

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