Disposed

Manoj Goyal and 4 Others v. State of Up and Another

Allahabad HC21 Aug 2024A482/20412/2024

Case brief

AI extract

What is this about?

Application filed for quashing criminal proceedings under Section 482 Cr.P.C. based on a claimed compromise. The High Court directed verification at the trial court stage before deciding on quashing and restrained coercive actions pending the next hearing.

What did the court decide?

Stayed coercive action against applicants until next hearing; ordered verification of compromise at trial court.

Manoj Goyal and 4 Others vs State of Up and Another — Domestic Violence | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 20412 of 2024

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Applicant :- Manoj Goyal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajat Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed by learned counsel for the applicants is taken on record.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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This application under Section - 482 Cr.P.C. has been filed for quashing of the entire proceedings, including charge sheet dated 04.06.2010, of Case No. 5984 of 2020 (State vs. Manoj Goyal and Others), arising out of case crime no. 328 of 2010, under Sections - 498-A, 323, 506 I.P.C., and Section - 3/4 D.P. Act, Police Station - Highway, District - Mathura, pending in the court of A.C.J.M., Court No.3, Mathura, in terms of the compromise.

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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 submitted 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 the presence

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of the parties before the trial court or any other transferee court, as the case may be, on the next date fixed and the court concerned, thereafter, shall 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 this case on 16.10.2024 .

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It is directed that till the next date of listing, no coercive action shall be taken against the applicants in aforesaid case.

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Order Date :- 10.9.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Manoj Goyal and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Manoj Goyal and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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