Disposed

Amit Awasthi Alias Kumar Amit Awasthi and Another v. State of U.P. Thru. Secy. Home Lko. and Another

Allahabad HC25 Sept 2024/8667/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash a charge-sheet and cognizance order based on an out-of-court compromise between the parties. The court disposed of the petition directing the parties to present the compromise before the trial court for verification within fixed timelines, and stayed coercive action for eight weeks.

What did the court decide?

Directions to verify the compromise before the trial court; liberty to reapply for quashing; no coercive action for eight weeks.

Amit Awasthi Alias Kumar Amit Awasthi and Another Vs… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66422

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8667 of 2024

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Applicant :- Amit Awasthi Alias Kumar Amit Awasthi And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Ashwani Verma, 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 has been preferred by the applicant(s)/petitioner(s) for the following main relief:-

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"(i). To quash the Charge sheet No.-635/2023 dated 03.12.2023 arising out of Crime No.-635/2023 U/s-427/341 IPC P.S. Sandana, District Sitapur contained herewith as Annexure No.-1 to this petition.

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(ii). To quash the summoning/cognizance order dated 18/03/2024 by which the petitioners were summoned for facing trial contained herewith as Annexure No.-2 to this petition.

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Further proceedings of Case No.-6713/2024 arising out of Charge sheet No.635/2023 dated 03.12.2023 of Crime No.-635/2023 U/s-427/341 IPC P.S. Sandana, District Sitapur pending in the Court of A.C.J.M. 2nd Sitapur (State Versus Rakesh Kumar & another) may be stayed during the pendency of the aforesaid petition."

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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 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 four 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 eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.

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Order Date :- 25.9.2024 Vinay/-

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

Amit Awasthi Alias Kumar Amit Awasthi and Another v. State of U.P. Thru. Secy. Home Lko. and Another

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Amit Awasthi Alias Kumar Amit Awasthi and Another v. State of U.P. Thru. Secy. Home Lko. and Another

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