Disposed

Khem Chand @ Khem Singh and 2 Others v. State of U.P. and Another

Allahabad HC15 Mar 2023A482/3933/2023

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. matter, the High Court did not decide the merit of the quashing application but directed that all parties and the compromise deed appear before the lower court within two weeks to verify the compromise and fulfillment of its terms before passing a final order.

What did the court decide?

Stay on coercive action for two months pending verification of compromise by the lower court.

Khem Chand @ Khem Singh and 2 Others Vs… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 3933 of 2023

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Applicant :- Khem Chand @ Khem Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Dixit Counsel for Opposite Party :- G.A.,Krishna Kant Dubey

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Lavkush Dixit, learned counsel for the applicant, Mr. Kunal Singh, Advocate holding brief of Mr. Krishna Kant Dubey, learned counsel for the opposite party and Mr. Rakesh Soni, learned A.G.A. 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 including the charge sheet dated 05.11.2022 and learned court below has taken cognizance on 12.01.2023 in Case No. 8 of 2023 (State Vs. Khem Singh and others) registered with Case Crime No. 0140 of 2022, under sections 452, 323, 324, 504, 506 IPC, Police Station Ahar, District Bulandshahar pending before Civil Judge (J.D.)/Judicial Magistrate, Anoopsehar, Bulandshahar on the basis of compromise dated 13.01.2023.

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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 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

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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 applicants in the aforesaid case.

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

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Order Date :- 15.3.2023 Arti

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

Khem Chand @ Khem Singh and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Khem Chand @ Khem Singh and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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