Disposed

Rekha and Another v. State of U.P. and Another

Allahabad HC17 Apr 2023A482/43744/2022

Case brief

AI extract

What is this about?

This Court disposed of a Section 482 Cr.P.C. application seeking quashing of criminal proceedings on the ground of a post-filing compromise. The Court directed the trial court to verify the compromise, record statements from parties and witnesses, and ensure fulfillment of terms before deciding to quash proceedings.

What did the court decide?

Application disposed of; parties directed to approach trial court for compromise verification; no coercive action till verification.

Rekha and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 43744 of 2022

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Applicant :- Rekha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Kumar Singh Chauhan Counsel for Opposite Party :- G.A.,Sanjay Kumar Sharma

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard learned counsel for the applicants, learned A.G.A. appearing for the State and Sri Sanjay Kumar Sharma, learned counsel for the informant.

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The present 482 Cr.P.C. application has been filed to quash impugned charge sheet dated 21.9.2022 and cognizance order dated 06.10.2022 passed in Case Crime No. 88 of 2022, under Sections 420, 406, 504, 506 IPC, Police Station Naugawan Sadat, District Amroha, now registered as Criminal Case No. 14637 of 2022, CNR No. UPJB040180812022, 'State v. Rakesh and others, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 03, Amroha.

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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 out of court. In this regard, a compromise has been filed stating therein that they have entered into compromise and they do not want to press the case, copy of said compromise has been annexed as Annexure no.8 to 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.

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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 with respect to compromise between the parties, which will be decided in accordance with law.

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In view of the above, both the parties are directed to appear before the court below along with a certified copy of this order within two weeks from today and be permitted to file a proper compromise deed. 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 respect to the same in accordance with law, after recording statement all

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concerned including injured witness, 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 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 applicants to approach this Court again for quashing of the proceedings.

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Till verification of compromise between the parties by the court concerned, 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 :- 17.4.2023 DS

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Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad

Rekha and Another v. State of U.P. and Another

Case brief

What is this about?

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Rekha and Another v. State of U.P. and Another

Case brief

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