Disposed

Gurvindra Singh and Another v. State of U.P. and Another

Allahabad HC25 Sept 2023A482/9035/2022

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application seeking quashing of proceedings based on a compromise, the High Court directed the applicants and opposite party to appear before the trial court with the compromise deed for verification. No coercive action was taken during the verification period.

What did the court decide?

Applicants and opposite party directed to appear before the trial court with compromise deed for verification; no coercive action for two months.

Gurvindra Singh and Another Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:186683

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 9035 of 2022

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Applicant :- Gurvindra Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamalesh Kumar Nishad,Ravindra Kumar Srivastava Counsel for Opposite Party :- G.A.,Lalit Kumar

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for applicants, learned counsel for opposite party no. 2 and the learned A.G.A.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No. 2564 of 2017 (State vs. Ajit & others), arising out of Case Crime No. 340 of 2016, under Sections 498A, 406, 120B IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Ghaziabad, pending in the court of Civil Judge (Junior Division)/Fast Track Court-1st, Ghaziabad, on the basis of compromise.

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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-1 to the supplementary 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 the statement of the applicants and the opposite party no. 2 as to whether all the terms and conditions

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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 :- 25.9.2023 v.k.updh.

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

Gurvindra Singh and Another v. State of U.P. and Another

Case brief

What is this about?

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Gurvindra Singh and Another v. State of U.P. and Another

Case brief

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