Disposed

Manish Jaiswal v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Allahabad HC9 Dec 2024A482/1558/2021

Case brief

AI extract

What is this about?

Two Section 482 applications sought quashing of charge-sheets in related IPC criminal cases on the ground of an amicable settlement. The High Court directed the trial court to verify the compromise with signatories present, and allowed the applicants to return for quashing if verified, with one month of no coercive action.

What the court decided

AI extract

Manish Jaiswal Vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:82309

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 1558 of 2021

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Applicant :- Manish Jaiswal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another Counsel for Applicant :- Nadeem Murtaza,Harsh Vardhan Kediya,Mohd. Waris Farooqui,Sudhanshu S. Tripathi Counsel for Opposite Party :- G.A.,Ramesh Kumar Misra

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Connected with

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Case :- APPLICATION U/S 482 No. - 1411 of 2023

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Applicant :- Sudhir Kumar Jaiswal And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ramesh Kumar Misra Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Since both the applications arise out of similar criminal case and the disputes relate to both the parties, therefore, with the consent of learned counsel for the parties both the applications are being decided by a common order.

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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 applications have been filed for quashing the charge-sheet dated 16.10.2017 filed in Criminal Case No.7869 of 2018 "State of U.P. Vs. Manish Jaiswal" arising out of Case Crime No.432 of 2017, under Sections 323, 506, 406 and 411 I.P.C., Police Station Kotwali City, District Raebareli and Criminal Case No.7886 of 2021 "State of U.P. Vs. Sudhir Kumar Jaiswal and Others" arising out of Case Crime No.402 of 2017, under Sections 147, 148, 323, 504, 506 and 452 I.P.C., Police Station Kotwali City, District Raebareli.

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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 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 :- 9.12.2024. Rks.

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Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Manish Jaiswal v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Case brief

What is this about?

What the court decided

Manish Jaiswal v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Case brief

What is this about?

What the court decided

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