Disposed

Chandra Prakash and 2 Others v. State of U.P. and Another

Allahabad HC4 Apr 2023A482/3684/2023

Case brief

AI extract

What is this about?

In an S. 482 Cr.P.C. application to quash criminal proceedings, the High Court neither accepted nor rejected the claim of compromise. Instead, it directed the parties to appear before the lower court with the compromise deed for verification within two weeks, staying coercive action during that period.

What did the court decide?

Application disposed; parties directed to approach lower court for compromise verification; coercive action stayed pending verification.

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

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Court No. - 68 Case :- APPLICATION U/S 482 No. - 3684 of 2023 Applicant :- Chandra Prakash And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A.,Rajesh Kumar Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Saurabh Yadav, learned counsel for the applicant, Mr. Rajesh Kumar, learned counsel for the opposite party and Mr. Amit Singh Chauhan, learned A.G.A.-I for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire proceedings of Criminal Case No. 7395 of 2021 (State Vs. Chandra Prakash) alongwith charge sheet dated 16.05.2021 and the summoning order dated 15.07.2021 under sections 323, 504, 506, 324 IPC arising out of Case Crime No. 76 of 2021, P.S. Chirgaon, District Jhansi pending in the court of Judicial Magistrate, Court No. 2, Jhansi.

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Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them. He further submits that parties also do not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.

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Learned counsel for opposite party as well as learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicant may approach the concerned court below and move an application with respect to compromise

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between the parties, which will be decided in accordance with law.

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In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within two weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

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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 applicant to approach this Court again for quashing of the proceedings.

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For the period of two months or till the verification of compromise between the parties by the Court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.

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With the aforesaid directions, this application is finally disposed of .

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Order Date :- 4.4.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Chandra Prakash and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Chandra Prakash and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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