Disposed

Smt. Shampa Pal and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Allahabad HC12 Mar 2024A482/1989/2024

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What is this about?

Application under Section 482 CrPC for quashing of charge-sheet and summoning order in cases under Sections 452, 504, 511 IPC. The parties submitted a compromise deed. The Court disposed of the petition by directing verification of the compromise by the trial court and keeping proceedings in abeyance for three months.

What did the court decide?

Proceedings kept in abeyance for three months pending verification of compromise by trial court.

Smt. Shampa Pal and Another vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29839

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 1989 of 2024

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Applicant :- Smt. Shampa Pal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another

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Counsel for Applicant :- Ashish Gulati,Abhilash Mishra,Satyanand Nath Counsel for Opposite Party :- G.A.,Rama Kant Dixit

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants, learned counsel for respondent no.2 and learned A.G.A. for respondent State.

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The present application has been filed by the applicants for quashing of the charge-sheet dated 28.10.2022 submitted in Case Crime No.266 of 2022 under Sections 452, 504, 511 IPC, Police Station Talkatora, Lucknow and summoning order dated 19.06.2023 pending in the court of learned ACJM-VI, Room No.30, Lucknow.

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Learned counsel for the applicants submits that dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed dated is on record as Annexure-5 to the application.

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Learned counsel appearing for respondent no.2 does not dispute the above facts rather he concedes the same.

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It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed.

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Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed.

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On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid

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down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the petition is disposed of directing the parties to appear before the learned trial court on 07.05.2024 for verification of the compromise dated. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties.

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The proceedings impugned (supra) shall be kept in abeyance for the period of three months from today.

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It will be open for the applicants to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties.

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Office is directed to return certified/original copies to the learned counsel for the applicants.

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Order Date :- 15.4.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Shampa Pal and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

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Smt. Shampa Pal and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Case brief

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