Disposed

Vishwajeet @ Vishwajeet Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC16 Dec 2024A482/10925/2024

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AI extract

What is this about?

Acquitted applicant filed an application under Section 482 CrPC to quash trial proceedings based on an alleged compromise. The Court directed the trial court to verify the compromise by issuing notices to signatories, restrained coercive action for one month, and reserved the right to allow quashing if verified.

What did the court decide?

Issued direction to the trial court to issue notices to signatories for verifying alleged compromise; restrained coercive action for one month.

Vishwajeet @ Vishwajeet Singh and 2 Others Vs State of… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:84178

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 10925 of 2024

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Applicant :- Vishwajeet @ Vishwajeet Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anoop Kumar Upadhyay Counsel for Opposite Party :- G.A.,Vipin Mishra

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the complainant and perused the record.

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The instant application has been filed for quashing the entire proceeding of Session Trial No.237/2018, 'State Vs Vishwajeet & Ors.', pending in the Court of learned Additional Sessions Judge, Court No.17, Lucknow, arising out of Case Crime No.521/2017, under Sections 364, 355, 307 I.P.C., read with Section 34 I.P.C. & Section 27 Arms Act, Police Station Para, District Lucknow.

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Learned counsel for the applicant submit 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.7 to the application.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below 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 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.

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The court in that scenario will allow the parties to obtain certified copy of the report as well as

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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 applicant in the aforesaid case.

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

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Order Date :- 16.12.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Vishwajeet @ Vishwajeet Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Vishwajeet @ Vishwajeet Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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