Disposed

Akhilesh and 6 Others v. State of U.P. and Another

Allahabad HC28 Aug 2023A482/31769/2023

Case brief

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What is this about?

Application under Section 482 Cr.P.C. to quash proceedings arose from a dispute involving Sections 354, 504, 506 IPC and POCSO. Applicants alleged settlement. Court directed parties to verify settlement in lower court before granting relief.

What did the court decide?

Directed parties to appear in lower court with settlement deed for verification within four weeks; no coercive measures against applicants pending.

Akhilesh and 6 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 89 Case :- APPLICATION U/S 482 No. - 31769 of 2023 Applicant :- Akhilesh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Maurya,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Vakalatnama has been filed today in the Court by Sri Ramdular on behalf of opposite party no.2, is taken on record.

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Heard learned counsel for the applicants, learned counsel for 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 proceedings of ST No.106 of 2022, charge sheet dated 18.11.2022, under Sections354, 504, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station- Tanda, DistrictRampur against applicant nos.1 to 6 and cognizance/summoning order dated 19.11.2022 in ST No.113 of 2022 and supplementary charge sheet dated 23.11.2022 and cognizance/summoning order dated 12.12.2022 under Sections 354, 504, 506 I.P.C. and Section 7/8 of POCSO Act against applicant No.7 arising out of Case Crime No.456 of 2022, pending in the court of Special Judge, POCSO Act, Rampur.

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Learned counsel for the applicants submits that both the parties have settled their dispute out of the court, the compromise deed has been annexed as annexure 22 to the affidavit.

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

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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 settlement 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 :- 28.8.2023 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Akhilesh and 6 Others v. State of U.P. and Another

Case brief

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Akhilesh and 6 Others v. State of U.P. and Another

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