Disposed

Ajay @ Sonu and 11 Others v. State of U.P. and Another

Allahabad HC5 Dec 2023A482/41647/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of FIR and proceedings, the court recorded a compromise deed between the applicant and the opposite party and directed the trial court to verify the compromise within four weeks before deciding on quashing.

What did the court decide?

Trial court directed to verify compromise within four weeks; fresh Section 482 application allowed after verification.

Ajay @ Sonu and 11 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:230076

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 41647 of 2023

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Applicant :- Ajay @ Sonu And 11 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Ishtiyar Khan, Advocate holding brief of Sri Vinod Kumar Yadav, learned counsel for the applicants, Sri R.B. Pal, who has filed Vakalatnama on behalf of opposite party no.2 as well as compromise affidavit today in Court, which are taken on record and Sri Rajeev Singh, learned AGA appearing for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 11.02.2021 as well as cognizance order dated 30.03.2021 and the proceedings of Case No. 477 of 2022 (State vs. Ajay @ Sonu and others) arising out of Case Crime No. 0226 of 2020, under Sections 147, 148, 323, 352, 504, 506, 427 IPC, P.S. Rounapar, District Azamgarh, pending in the Court of learned Civil Judge Avar Khand/Judicial Maigstrate, Court No. 20, Azamgarh.

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Learned counsel for the applicants submits that the applicants and opposite party no.2 are neighbours and some altercation and quarrel have taken place between the parties with regard to some travel dispute and both the parties have lodged FIR against each other. Learned counsel for the applicants further submits that due to intervention of the elders and well wishers, both the parties have settled their dispute amicably and the said compromise dated 28.04.2023 has been placed on record and the certified copy of the summoning order has been annexed as annexure-9 to the instant application, therefore, he has prayed for quashing of the entire proceeding against the applicants.

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Learned counsel for the opposite party no.2 admits the factum of compromise between the parties, which has been filed today in Court.

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Learned AGA for the State does not dispute the aforesaid factum of compromise between the parties.

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Accordingly, it is provided that the parties shall appear before

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the court below with compromise deed 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 applicants.

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Order Date :- 5.12.2023 Ashish Pd.

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Ajay @ Sonu and 11 Others v. State of U.P. and Another

Case brief

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Ajay @ Sonu and 11 Others v. State of U.P. and Another

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