Disposed

Shivam Dubey and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Anothers

Allahabad HC27 Nov 2024A482/10626/2024

Case brief

AI extract

What is this about?

The Court disposed of an application filed under Section 482 CrPC seeking quashing of criminal proceedings. It directed the trial court to verify any filed compromise, obtain certified copies, and reported that the applicant could approach the High Court again after verification. A one-month stay on coercive action was also granted.

What did the court decide?

Application disposed of with a direction to the trial court to verify the compromise; one-month stay on coercive action against the applicants.

Shivam Dubey and 2 Others vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:78640

¶2

Court No. - 13

¶3

Case :- APPLICATION U/S 482 No. - 10626 of 2024 Applicant :- Shivam Dubey And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Anothers Counsel for Applicant :- Sarvesh Kumar Saxena Counsel for Opposite Party :- G.A.,Kunj Bihari Pandey

¶4

Hon'ble Rajeev Singh,J.

¶5

Sri K.B. Pandey, Advocate filed Vakalatnama on behalf of opposite party no.2 which is taken on record.

¶6

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.

¶7

The instant application has been filed with the following prayer:

¶8

"I. Quash entire proceeding of Criminal Case No.-20885/2019; arising out of Case Crime No.-0177 of 2018 as well as charge sheet No.-1 dated 01-04-2019, arising out of Case Crime No.0177 of 2018, Under Sections- 498 A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, relating to Police Station- Mahila Thana, DistrictLucknow, Pending in the court of Learned Civil judge (J.D.)/ F.T.C., Room No.-50, Lucknow (State of U.P. Vs Shivam Dubey and 2 others) contained in ANNEXURE NO.-01 to this petition.

¶9

II. Quash the impugned summoning order dated 14-05-2019 passed by the Learned Special Additional Chief Judicial Magistrate C.B.I. (A/P), Lucknow (State of U.P. Vs Shivam Dubey and 2 others) in Criminal Case No.-20885/2019 under sections-498 A, 323, 504, 506 I.P.C. & 3/4 D.P. Act Contained in ANNEXURE NO.-02 to this petition.

¶10

IlI. Any other suitable order of direction which this Hon'ble Court may deem fit, just and proper under the circumstances of the case also be passed in favour of the petitioner."

¶11

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.5 to the application.

¶12

Whether the parties have, in fact, compromised the matter or

¶13

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.

¶14

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 compromise will be made part of the record.

¶15

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.

¶16

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

¶17

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

¶18

Order Date :- 27.11.2024 V. Sinha

¶19

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

Shivam Dubey and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Anothers

Case brief

What is this about?

What did the court decide?

Shivam Dubey and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Anothers

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vijaya Nand Maurya Vs State of U.P. Thru. Its Addl. Chief Secy. Home Lko. and Another

Shankar Lal (in the Chargesheet Shankar Singh) Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Prince Singh Vs State of U.P. Thru. Secy. Homes Lko. and Another

Manish Kumar Maurya vs Deepak Kumar Singh, Circle Officer P.S-Mishrikh Sitapur

Mohd. Kalim Ayyubi vs Mr. P. Guruprasad Addl. Chief Prin. Secy. Deptt.of Revenue Govt. of U.P. Lko. and Another

Bal Govind and 3 Others vs State of. U.P. Thru. Prin. Secy. Home Lko. and Another