Disposed

Raja Yadav and 3 Others v. State of U.P. and Another

Allahabad HC21 Apr 2023A482/6165/2023

Case brief

AI extract

What is this about?

Single judge disposed of Section 482 Cr.P.C. application to quash session case pending on a compromise deed. Court directed parties and lower court to verify the compromise. Directed lower court to record statements and pass appropriate order within two months. Stayed coercive action pending verification.

What did the court decide?

Application finally disposed; coercive action stayed pending lower court verification of compromise.

Raja Yadav and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 6165 of 2023

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Applicant :- Raja Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A.,Roopesh Srivastava

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Babul Kumar Sharma, learned counsel for the applicants, Mr. Roopesh Srivastava, lerned counsel for opposite party no.2 and Mr. Akhilesh Kumar Srivastava, 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 applicants to quash the entire proceeding of Session Case No.421 of 2022 (State Vs. Raja Yadav and Others), arising out of Case Crime No.251 of 2022, under Sections 394, 411 I.P.C., Police Station-Sipari Bazar, District-Jhansi, pending in the Court of Special Judge (D.A.A.), Jhansi, in pursuance of compromise deed dated 19.12.2022.

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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, copy of compromise deed has been annexed as Annexure 4 to the application wherein it has been mentioned that opposite party no.2 does 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 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 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 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

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respect to the same in accordance with law, as expeditiously as 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 applicants 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 :- 21.4.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Raja Yadav and 3 Others v. State of U.P. and Another

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Raja Yadav and 3 Others v. State of U.P. and Another

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