Disposed

Sumit Kumar Jaiswal and Others v. State of U.P. and Others

Allahabad HC6 Nov 2024/2896/2018

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of a quashing application under Section 482 CrPC, directing the trial court to verify the alleged compromise regarding dowry and cruelty charges personally. No coercive action is directed against the applicant for two weeks pending this verification.

What did the court decide?

No coercive action for two weeks. Application disposed of with direction to trial court to verify compromise in presence of signatories.

Sumit Kumar Jaiswal and Others Vs State of U.P. and Others — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:73306

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 2896 of 2018

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Applicant :- Sumit Kumar Jaiswal And Others Opposite Party :- State of U.P. and Others Counsel for Applicant :- Irshad Ali Counsel for Opposite Party :- Govt. Advocate,Ramendra Misra

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

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The present application has been filed with a prayer to quash the entire proceedings of Case No. 2837 of 2017 arising out of Case Crime No. 248 of 2016, under Sections 498-A, 323, 504, 506, 326 B, 377 I.P.C. and Section 3/4 D.P. Act, P.S. Gosainganj, District Lucknow.

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Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them on 04.05.2018 (appended as Annexure No. 1 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, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.

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Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories 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. 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

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the proceedings.

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For a period of two weeks, no coercive action shall be taken against the present applicants.

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Order Date :- 6.11.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Sumit Kumar Jaiswal and Others v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

Sumit Kumar Jaiswal and Others v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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