Disposed

Rakesh and 4 Others v. State of U.P. and Another

Allahabad HC18 May 2023A482/4192/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of a charge sheet based on a compromise, the Allahabad High Court directed both parties to appear before the trial court to verify the compromise deed. The sentence of coercive action was stayed pending verification, and the application for quashing was disposed of without prejudice to a future application if the compromise is legally fu

What did the court decide?

Coercive action stayed pending verification of compromise by trial court; parties directed to_approach trial court within two weeks.

Rakesh and 4 Others Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:110531

¶2

Court No. - 68

¶3

Case :- APPLICATION U/S 482 No. - 4192 of 2022

¶4

Applicant :- Rakesh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.,Gauri Shanker Mishra

¶5

Hon'ble Mrs. Manju Rani Chauhan,J.

¶6

Heard Mr. Rajeev Upadhyay, learned counsel for the applicants, Mr. Gauri Shanker Mishra, learned counsel for the opposite party no.2 and Mr. K.P. Pathak, learned A.G.A. for the State.

¶7

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 04.10.2019 (State vs. Rakesh and Others) arising out of Case Crime No.150 of 2019, under Sections 147, 149, 308, 452, 323, 504 IPC, Police Station-Mehnagar, DistrictAzamgarh on the basis of compromise.

¶8

Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them. In this regard, an application alongwith compromise deed on behalf of both the parties has been filed before the court below stating therein that they have entered into compromise and they do not want to press the case, copy of said application has been annexed as Annexure no.SCA-1 to the short counter affidavit in support of this application. 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 the process of law.

¶9

Learned AGA, 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 applicants 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.

¶10

In view of the above, both the parties are directed to appear before the court below along with an application for verification of the compromise deed as well as a certified copy of this order within two weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with

¶11

respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties, especially the injured as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

¶12

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

¶13

Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.

¶14

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

¶15

Order Date :- 18.5.2023 Jitendra/-

¶16

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

Rakesh and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rakesh and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manik Singh Chauhan Vs State of U.P. and 3 Others

Tejveer Singh and 4 Others Vs State of U.P. and Another

Manisha Vs State of U.P. and 3 Others

Smt. Anita Madan Vs State of U.P. and Another

Sanjeev Kumar Vs State of U.P. and Another

Anees and 2 Others Vs State of U.P. and Another