Partly allowed

Ankur Tomar and 2 Others v. State of Up and Another

Allahabad HC25 Jul 2024A482/21695/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash criminal proceedings based on a pending compromise, the High Court directed the parties to file a verified compromise application before the trial court within two weeks before quashing the proceedings. No coercive action was directed against the applicants pending the outcome.

What did the court decide?

Direction to parties to file verified compromise application before trial court within two weeks to enable quashing; stay of coercive action.

Ankur Tomar and 2 Others 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. - 21695 of 2024

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Applicant :- Ankur Tomar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjali,Pramod Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Ms. Kavita Srivastava, Advocate has filed his Vakalatnama on behalf of opposite party no. 2, in Court today, which is taken on record.

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Heard learned counsel for applicants, Ms. Kavita Srivastava, learned counsel for the opposite party no.2 and 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 21.09.2020 and cognizance order dated 28.02.2022, of Case No.3151 of 2022 (State vs. Ankur Tomar and others), arising out of case crime no. 31 of 2020, under Sections - 498-A, 323, 406, 504, 506 IPC and Section - 3/4 D.P. Act, Police Station - Kotwali Dehat, District - Bulandshahr, pending in the court of C.J.M., Bulandshahr, in terms of the compromise arrived at between the parties.

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It is submitted by learned counsel for the applicants that on account of intervention of the well-wishers, a compromise has been arrived at between the parties and the said compromise will be filed before the court concerned within two weeks from today. It is further contended that proceedings of the aforesaid case may be quashed on the basis of compromise arrived at between the

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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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In view of the aforesaid it is directed that in case the parties file an appropriate application for compromise before the court concerned within a period of two weeks from today, the same shall be verified by the court concerned in accordance with law and 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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Put up this case on 02.09.2024, as fresh, showing the name of Ms. Kavita Srivastava, as counsel for the opposite party no.2.

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

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Order Date :- 25.7.2024

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S Rawat

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

Ankur Tomar and 2 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Ankur Tomar and 2 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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