Disposed

Priya Gupta and 4 Others v. State of U.P. Thru. Prin.Secy. Home Deptt. and Another

Allahabad HC22 Nov 2024/9794/2023

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC to quash FIR and summoning orders, the High Court held verification of settlement must occur at the trial court stage. Consequently, the quashing application was disposed of with a direction to stay coercive action temporarily.

What did the court decide?

Application disposed with direction to the lower court to verify compromise; two-week stay on coercive action granted.

Priya Gupta and 4 Others Vs State of U.P. Thru. Prin.Secy. Home Deptt. and Another — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:77764

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9794 of 2023

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Applicant :- Priya Gupta And 4 Others Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. And Another

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Counsel for Applicant :- Abhishek Shukla Counsel for Opposite Party :- G.A.,Anurag Pathak,Sarojani Misra

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Hon'ble Rajeev Singh,J.

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(C.M. Application No. 2 of 2024)

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Heard learned counsel for the applicants.

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Application stands allowed.

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(Order on Petition)

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present application has been filed with the prayer to quash the charge sheet dated 23.06.2021, as well as summoning order dated 18.10.2021 passed in Criminal Case No. 32325 of 2021 (State vs. Priya Gupta & Ors.) arising out of F.I.R. No. 144 of 2021, under Sections 504, 506 I.P.C., P.S. Kotwali Nagar, District Bahraich.

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Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 04.10.2024 (Original copy of the same is appended as Annexure No. 1 to the Disposal Application).

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.

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Accordingly, the application is disposed of with direction

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to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories 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 compromise will be made part of the record. The court 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 two weeks, no coercive action shall be taken against the present applicants.

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Registry is directed to hand over the original copy of the compromise to the learned counsel for the applicants after taking photocopy of the same.

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Order Date :- 22.11.2024 VKS

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

Priya Gupta and 4 Others v. State of U.P. Thru. Prin.Secy. Home Deptt. and Another

Case brief

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Priya Gupta and 4 Others v. State of U.P. Thru. Prin.Secy. Home Deptt. and Another

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