Allowed

Dinesh and 20 Others v. State of U.P. and Another

Allahabad HC28 Jan 2023A482/3700/2022

Case brief

AI extract

What is this about?

High Court allowed an application under Section 482 Cr.P.C. to quash FIR and subsequent proceedings because parties successfully compromised before the trial court, rendering the dispute personal and harmless to the society.

What did the court decide?

The entire proceedings of charge-sheet, cognizance order, and Special Sessions Trial arising out of the case were quashed.

Dinesh and 20 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 3700 of 2022

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Applicant :- Dinesh And 20 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Sharma Counsel for Opposite Party :- G.A.,Chandra Prakash Misra

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Learned counsel for the applicants, learned counsel for the party no.2 and learned A.G.A. for the State are present.

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In compliance of the court's order dated 19.05.2022, parties are said to have compromised before the trial court. The photo copy of the compromise deed along with the affidavit and covering letter is placed before the Court.

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According to this covering letter, the parties have verified their compromise in the presence of the trial court.

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Learned counsel for the applicants, by way of supplementary affidavit placed before this Court the certified copy of the compromise deed along with the certified copy of the verification order passed thereon by the trial court along with 15 affidavits.

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As the parties have compromised before the trial court and their compromise deed has been verified, the dispute being personal the compromise between the parties shall not affect the society adversely. Hence, the compromise of the parties is accepted. The certified copy of compromise deed along with certified copy of the verification order passed thereon by the trial court and the 15 affidavits filed along with compromise deed and the original covering letter sent by the trial court, shall form part of this order.

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As the parties have arrived at a compromise and the same has been verified by the trial court and accepted by this court, no dispute remains among the parties, the entire proceedings of the charge-sheet dated 04.09.2017 and cognizance order dated 20.08.2019 as well as the entire proceedings of Special Sessions Trial No. 281 of 2019 arising out of case crime no. 185 of 2017, under Sections 147, 323, 504, 506, 294, 308, 325, 452, 336 IPC and Section 3(1)(dha) SC/ST Act, Police Station Ramkola, District Kushinagar, pending before Additional Sessions Judge/Special Judge SC/ST Act, Kushinagar at Padrauna,

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District Kushinagar are hereby quashed.

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The application of the applicants under Section 482 Cr.P.C. No.3700 of 2022 is allowed .

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Order Date :- 28.1.2023 Shivangi

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Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad

Dinesh and 20 Others v. State of U.P. and Another

Case brief

What is this about?

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Dinesh and 20 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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