Disposed

Durgesh Agnihotri v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC17 May 2024/4463/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking quashing of criminal proceedings on the basis of an out-of-court compromise, the High Court of Judicature at Allahabad (Lucknow Bench) directed the parties to verify the compromise before the trial court. Criminal proceedings were kept in abeyance pending this verification, and liberty to approach the court again was granted.

What did the court decide?

Proceedings kept in abeyance until compromise is verified before the trial court; liberty granted to approach again.

Durgesh Agnihotri Vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:38136

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 4463 of 2024 Applicant :- Durgesh Agnihotri Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another

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Counsel for Applicant :- Annapurna Agnihotri Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State as well as Shri Sudhir Kumar Pandey, learned Counsel appearing for respondent no. 2 who has filed vakalatnama which is taken on record.

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Learned counsel for the petitioners submits that the dispute between the parties has been amicably settled outside the Court by way of compromise which is on record as Annexure No. 6 to the petition. It is further submitted that although the charge sheet has been filed against two accused persons namely Prakhar Tiwari and Durgesh Agnihotri, however, only Durgesh Agnihtory (petitioner) has entered into compromise with respondent no. 2. It is prayed that since the dispute has been settled outside the Court by the parties, the said compromise may be directed to be verified by the competent authority so that the impugned proceedings may be quashed on the basis of said compromise and its verification report.

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Learned A.G.A. has no objection, in case, the compromise entered between the petitioner and the complainant is verified.

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Learned Counsel for respondent no. 2 has conceded the argument of learned counsel for the petitioner.

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In view of the above the parties are directed to appear before the learned trial court on 03.06.2024 along with the original compromise deed, who shall verify the compromise in presence

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of the parties within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties.

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For a period of two months, the proceedings of case Crime No. 229/2022 under section 323, 504, 506 and 427 of IPC, P.S. Sohramau, District- Unnao, is pending in the Court of Additional Chief Judicial Magistrate (Ist), Unnao, shall be kept in abeyance qua the present petitioner.

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In view of the above, the petition is disposed of.

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Liberty to the parties is granted to approach this Court again for quashing of the proceedings on the basis of compromise and its verification.

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Office is directed to return certified copies of the documents filed along with the petition to learned counsel for the petitioners as per Rules of the Court.

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Order Date :- 17.5.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Durgesh Agnihotri v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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Durgesh Agnihotri v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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