Disposed

Umesh (Mentioned as Umesh Nishad in the First Information Report) and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and Another

Allahabad HC19 Dec 2024A482/11720/2024

Case brief

AI extract

What is this about?

Under Section 482 Cr.P.C., the court addressed a petition to quash criminal proceedings alleging intent to marry. The court refused immediate quashing, directing parties to submit the compromise deed to the trial court within two weeks for verification, and stayed coercive action for six weeks.

What did the court decide?

Stay on coercive action for six weeks; directions to file compromise deed in trial court for verification within two weeks.

Umesh (Mentioned as Umesh Nishad in the First Information… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:85486

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 11720 of 2024

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Applicant :- Umesh (Mentioned As Umesh Nishad In The First Information Report) And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. And Another

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Counsel for Applicant :- Sandeep Kumar Ojha,Dilip Kumar Verma,Pankaj Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Shri Bashisth Muni Mishra, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party No. 2 and filed his Vakalatnama, which is taken on record.

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Short counter affidavit filed today is taken on record.

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Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record.

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The present application under Section 482 Cr.P.C. has been filed for the following main relief:-

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"For the facts and reasons mentioned in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of the Special Session Trial No. 528 of 2020 (State Versus Umesh and others), arising from Case Crime No.111 of 2020, under Sections 323, 504, 506, 188, 269 of I.P.C., 3 (1) Da, 3(1) Dha of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment, 2015) and 3 of The Epidemic Diseases Act, 1897 registered at Police Station - Chanda, District- Sultanpur, in the interest of justice."

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Learned counsel for the applicants has 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.8 to the present application. 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 i.e. Special Session Trial No. 528 of 2020 (State Versus Umesh and others), arising from Case Crime No.111 of 2020, under Sections 323, 504, 506, 188, 269 of I.P.C., 3 (1) Da, 3(1) Dha of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment, 2015) and 3 of The Epidemic Diseases Act, 1897 registered at Police Station - Chanda, District- Sultanpur , shall appear and file the compromise before the concerned Court within two 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 applicants 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 applicants, after retaining its photocopy on record. It is for the purposes of its verification by the concerned court.

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(vii) For a period of six weeks, no coercive action shall be taken against the applicants in the aforesaid case.

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Order Date :- 19.12.2024

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ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Umesh (Mentioned as Umesh Nishad in the First Information Report) and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and Another

Case brief

What is this about?

What did the court decide?

Umesh (Mentioned as Umesh Nishad in the First Information Report) and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and Another

Case brief

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What did the court decide?

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