Disposed

Jitendra Kumar v. State of U.P. and Another

Allahabad HC1 Nov 2023A482/38141/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 Cr.P.C. application seeking quashing of criminal proceedings arising from offences under IPC Sections 332, 353, and 504. The applicant alleged an out-of-court settlement and compromise. The court instructed the trial court to verify the compromise and directed no coercive measures against the applicant for five weeks.

What did the court decide?

The trial court is directed to verify the compromise deed within four weeks; no coercive measures against the applicant for five weeks.

Jitendra Kumar Vs State of U.P. and Another — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:209660

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 38141 of 2023

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Applicant :- Jitendra Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinod Kumar Singh Kushwaha Counsel for Opposite Party :- G.A.,Satya Prakash Singh

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Hon'ble Deepak Verma,J.

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Learned counsel for the opposite party no. 2 has filed an affidavit, which is taken on record.

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Heard learned counsel for the applicant, 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 charge sheet dated 13.02.2021, summoning order dated 04.07.2022 as well as the entire proceedings of Criminal Case No. 600 of 2022 (State vs. Jitendra Kumar), arising out of Case Crime No. 649 of 2020, under Sections 332, 353, 504 IPC, P.S. Saidpur, District- Ghazipur, pending before Judicial Magistrate, Saidpur, Ghazipur.

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It has been contended by learned counsel for the applicant that the applicant and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed entered into between the parties has been annexed as Annexure-4 to the application.

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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 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 applicant.

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Order Date :- 1.11.2023/Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Jitendra Kumar v. State of U.P. and Another

Case brief

What is this about?

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Jitendra Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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