Disposed

Neeraj Agarwal v. State of Up and Another

Allahabad HC5 Jul 2024A482/19089/2024

Case brief

AI extract

What is this about?

Single judge allowed S. 482 application to admit a compromise filed in a domestic dispute. Ordered parties to appear before the trial court to verify the compromise before it is reported to the High Court for final disposal.

What did the court decide?

Parties directed to appear before the trial court to verify the compromise; no coercive action against the applicant till the next date.

Neeraj Agarwal vs State of Up and Another — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 19089 of 2024

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Applicant :- Neeraj Agarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indra Jit Singh,Sr. Advocate Counsel for Opposite Party :- G.A.,Rakesh Dubey

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for applicant, learned counsel for opposite party no. 2 and the learned A.G.A. for the State.

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This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 18.09.2017 and cognizance/summoning order dated 02.12.2017, of criminal case no. 74531 of 2017, arising out of case crime no. 241 of 2016, under Sections 498A, 323, 504, 506, 406 IPC and Section 3/4 of D.P. Act, P.S. Kakadeo, District Kanpur Nagar, pending before the court of A.C.J. (JD)-1, Kanpur Nagar, on the basis of compromise arrived at between the parties.

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It is submitted that on account of intervention of their wellwishers, a compromise has been arrived at between the parties. The said compromise has already been filed before the court concerned. It is further contended that proceedings of the aforesaid case may be quashed on the basis of compromise arrived at between the parties.

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Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.

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Learned counsel for the parties undertake to ensure their presence before the court below or any other transferee court, as the case may be, on 22.07.2024 and the court concerned, thereafter, shall

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ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court by the next date.

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Parties are also directed to produce certified copy of this order before the court concerned on the date fixed before it.

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List on 07.08.2024 along with Application U/s 482 No. 9296 of 2018.

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Till the next date of listing, no coercive action would be taken against the applicant in the aforesaid case.

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Order Date :- 5.7.2024 Anand

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Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

Neeraj Agarwal v. State of Up and Another

Case brief

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Neeraj Agarwal v. State of Up and Another

Case brief

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