Disposed

Ram Pyari and 3 Others v. State of U.P. Thru. Prin. Secy Home Deptt. Lko and Another

Allahabad HC6 Aug 2024/6949/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. and Section 528 BNSS seeking quashing of a charge sheet based on a settlement, the court directed the parties to appear before the concerned court to file and verify the compromise deed within two weeks, which must be finalized within two weeks of production.

What did the court decide?

Application disposed with directions to parties to verify and file compromise with concerned court within two weeks.

Ram Pyari and 3 Others Vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:53792

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6949 of 2024

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Applicant :- Ram Pyari And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy Home Deptt. Lko And Another Counsel for Applicant :- D.P. Dutt Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Ms. Dipika Gupta, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record.

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Heard learned counsel for the applicant(s), learned AGA for the State and perused the record.

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Instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been preferred by the applicant(s) for the following main reliefs:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash/set aside impugned Charge Sheet No.6A dated 03.02.2009 arising out of Case Crime No. 0187A of 2008/2009 under section-452 , 323 ,504 ,506 of Indian Penal Code, Police station -Mall, District- Lucknow, and entire criminal proceeding of Special Trial No.863/2016 (State Versus Ram Pyari & others) registered against petitioners on the basis aforesaid charge sheet, pending before Learned Special Judge S.C./S.T. Act, Lucknow, on the basis of compromise between Petitioners and Opposite Party No.2, to prevent abuse of process of Court or otherwise to secure ends of justice.

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It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of Special Trial No.863/2016 (State Versus Ram Pyari & others), pending before Learned Special Judge S.C./S.T. Act, Lucknow during the pendency of the present case."

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Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 4 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.

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Whether the parties have, in fact, compromised the matter or not, can best be

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ascertained by the trial court as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Considering the aforesaid, this application is disposed of finally in following terms:-

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(i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within two week's from today.

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(ii) If the parties appear before the concerned court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

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(iii) The concerned court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order.

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(iv) The concerned court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

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(v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings.

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(vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

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(vii) For a period of six weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.

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Order Date :- 6.8.2024

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Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Ram Pyari and 3 Others v. State of U.P. Thru. Prin. Secy Home Deptt. Lko and Another

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Ram Pyari and 3 Others v. State of U.P. Thru. Prin. Secy Home Deptt. Lko and Another

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