Disposed

Neetu @ Aneeta Verma and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC29 Nov 2024/9214/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C./Section 528 BNSS seeking quashing of criminal proceedings due to an alleged settlement, the Court did not quash the matter immediately. Instead, it directed the parties to verify the compromise before the Trial Court and stayed coercive action for eight weeks.

What did the court decide?

Order to file compromise before Trial Court for verification; stay of coercive action for eight weeks; leave to approach this Court again on quashing.

Neetu @ Aneeta Verma and 4 Others Vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:79412

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 9214 of 2024

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Applicant :- Neetu @ Aneeta Verma And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

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Counsel for Applicant :- Suresh Kumar Mishra,Prashansa Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Supplementary affidavit filed by the applicant in Court today is taken on record.

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The parties, in compliance of order of this Court, are present before this Court, who have been identified by their respective counsel.

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Heard learned counsel for the applicant(s), learned AGA for the State and Ms. Manisha Kumari, learned counsel for the privateopposite party.

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Instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed seeking following main relief:

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"to set-aside/quash the entire proceedings of Case No. 58421/2024 (State of U.P. Versus Neetu and others) arising out of impugned charge-sheet No. 01/2021, dated 30.06.2021 filed by the investigating officer in Case Crime No. 0050/2021, Under Section-147, 323, 352, 504 & 506 I.P.C. pertaining to Police Station-Manaknagar, District-Lucknow and summoning order dated 17.08.2010 passed by the court of learned Additional Chief Judicial Magistrate-VIIth, Lucknow in Case No. 58421/2024, Under Section-147, 323, 352, 504 & 506 I.P.C. pertaining to Police Station-Manaknagar, District-Lucknow pending in the court of learned Additional Chief Judicial Magistrate-VIIth, Lucknow by which the learned court below has summon the applicants/petitioners for facing of trial under the aforesaid sections, as contained in Annexure No. 1 & 2 respectively to this petition, in the interest of 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.

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SA-1 to the supplementary affidavit filed today. 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 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 :- 29.11.2024

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Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Neetu @ Aneeta Verma and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Neetu @ Aneeta Verma and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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