Disposed

Abhishek Sonkar and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC13 Aug 2024/7132/2024

Case brief

AI extract

What is this about?

This court disposed of an application under Section 482 Cr.P.C./Section 528 BNSS to quash criminal proceedings based on an alleged compromise. The court directed the parties to verify the compromise before the Trial Court within two weeks and stayed coercive action for six weeks.

What did the court decide?

Allowed to file before Trial Court for verification; No coercive action for six weeks.

Abhishek Sonkar and Another Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:55661

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7132 of 2024

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Applicant :- Abhishek Sonkar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Akhilendra Kumar Goswami, 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./Section 528 Bharatiya Nagrik Suraksha Sanhita (in short "BNSS") has been preferred for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No.17678 of 2023; State Versus Abhishek Sonkar and another, arising out of Case Crime No.834 of 2021, under sections- 406, 420, 504, 506 I.P.С., relating to the Police Station-Kotwali, District- Unnao, pending in the Court of learned Chief Judicial Magistrate, Unnao, as well as impugned chargesheet no.173/2022, dated 29.4.2022, submitted against the petitioners by the Investigating Officer in aforesaid case crime number, as contained in Annexure no.1 to the instant petition, in the light of compromise, attained between the parties, in the interest of law and justice."

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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. 3 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 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 :- 13.8.2024 Vinay/-

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

Abhishek Sonkar and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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Abhishek Sonkar and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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