Disposed

Shatrughan Dwivedi and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC23 Oct 2024/9331/2024

Case brief

AI extract

What is this about?

In an application for quashing criminal proceedings under Section 482 CrPC based on alleged compromise, the single judge directed the trial court to verify the compromise deed in the presence of parties. No coercive action shall be taken against applicants for one month pending verification. Applicants are directed to approach the court again after the trial court issues the report.

What did the court decide?

Trial court directed to verify compromise; no coercive action against applicants for one month; applicants permitted to re-approach High Court post-verification.

Shatrughan Dwivedi and 3 Others Vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71410

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9331 of 2024 Applicant :- Shatrughan Dwivedi And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another

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Counsel for Applicant :- Avnish Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Sri Dhirendra Pratap Singh and Shri B.B. Mishra, Advocates filed Vakalatnama on behalf of opposite party no.2, which is taken on record.

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Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

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The instant application has been filed for quashing the charge-sheet dated 04.08.2020 filed in Case Crime No.193/2020, under Sections 504, 506 I.P.C., Police Station Arwal, District Hardoi as well as the entire proceeding related to the Case No.1828 of 2023 pending before ACJM-I, Hardoi.

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Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.4 to the application.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the

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compromise will be made part of the record.

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The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

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For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.

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OfÏce is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same.

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Order Date :- 23.10.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Shatrughan Dwivedi and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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Shatrughan Dwivedi and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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