Disposed

Anand Kumar Gautam @ Anand Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC20 Dec 2024/11870/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC for quashing of proceedings, the Court held that the plea of compromise between parties must be verified by the Court below. The application was disposed of in the meantime, directing the lower court to verify the compromise before allowing a fresh application.

What did the court decide?

Application disposed; Court directed the lower court to verify compromise before allowing any ad interim relief.

Anand Kumar Gautam @ Anand Kumar Vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:86392

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 11870 of 2024

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Applicant :- Anand Kumar Gautam @ Anand Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Bhanu Pratap Singh,Kishan Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Sri Mohd. Tariq, Advocate on behalf of the opposite party no.2 is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant application has been filed for quashing the proceeding of Criminal Case No.117119 of 2022, arising out of Case Crime No.168/2022, under Sections 504, 419, 420 I.P.C., Police Station Malihabad, District Lucknow.

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Learned counsel for the applicant submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.4 to the application.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

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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 a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.

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OfÏce is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same.

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Order Date :- 20.12.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Anand Kumar Gautam @ Anand Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Anand Kumar Gautam @ Anand Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What did the court decide?

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