Yogesh Kumar @ Yugesh Kumar and 2 Others v. State of U.P. and Another

Allahabad HC21 Sept 2023A482/43527/2022

Case brief

AI extract

What is this about?

Application to quash criminal proceedings under Sections 376, IPC based on a compromise. Court directed parties to appear before the trial court for verification of the compromise deed and fulfillment of its terms before granting any quashing order.

What did the court decide?

Parties directed to appear before the court below for verification of the compromise within two weeks; no coercive action pending.

Yogesh Kumar @ Yugesh Kumar and 2 Others Vs State of U.P… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:183503

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 43527 of 2022

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Applicant :- Yogesh Kumar @ Yugesh Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ray Sahab Yadav,Ugrasen Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for applicants and the learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 29.04.2022 and summoning order dated 20.08.2022 as well as entire proceeding of Criminal Case No. 138710 of 2022 (State vs. Yogesh Kumar & others), arising out of Case Crime No. 165 of 2021, under Sections 376, 313, 504, 506, 354(D), 377 IPC, Police Station Rail Bazar, District Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar on the basis of compromise dated 15.07.2022.

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Learned counsel for the applicants submits that the applicants and the opposite party no. 2 have reconciled their differences and a compromise has been entered between them, and the compromise deed is annexed as annexure-9 to the affidavit. 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 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 along with copy of compromise between the parties, which will be decided in accordance with law.

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In view of the above, the applicants and the opposite party no. 2 are directed to appear before the court below along with compromise and an application for verification of compromise deed so filed 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 their presence, pass an appropriate order with 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

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the statement of the applicants and the opposite party no. 2 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 applicants and the opposite party no. 2 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.

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For a period of two months, 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 :- 21.9.2023 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Yogesh Kumar @ Yugesh Kumar and 2 Others v. State of U.P. and Another

Case brief

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Yogesh Kumar @ Yugesh Kumar and 2 Others v. State of U.P. and Another

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