Disposed

Ashish Kanaujia and 4 Others v. State of U.P. and Another

Allahabad HC12 Aug 2024A482/22877/2024

Case brief

AI extract

What is this about?

The Court stayed coercive action while directing the parties to appear before the trial court within two weeks to file, verify, and report the existence of a compromise arrived at between them regarding the under-lying criminal case.

What did the court decide?

Stayed coercive action; directed parties to verify and file compromise before trial court within two weeks.

Ashish Kanaujia and 4 Others vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 22877 of 2024

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

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for applicants 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 09.01.2023 and cognizance/summoning order dated 12.07.2023, of criminal case no. 115160 of 2023, arising out of case crime no. 840 of 2022, under Sections 498A, 323, 354, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Chakeri, District Kanpur Nagar, pending in the court of C.M.M., Kanpur Nagar, 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 trial 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 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 appear before the trial court and file an appropriate application for

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compromise 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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List this case on 16.09.2024.

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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 :- 12.8.2024 Anand

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

Ashish Kanaujia and 4 Others v. State of U.P. and Another

Case brief

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Ashish Kanaujia and 4 Others v. State of U.P. and Another

Case brief

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