Disposed

Abhishek Raj Varshney and 2 Others v. State of U.P. and Another

Allahabad HC12 Aug 2024A482/22914/2024

Case brief

AI extract

What is this about?

Application to quash criminal proceedings based on compromise before order; directions given to trial court to verify compromise; applicants remain free of coercive action.

What did the court decide?

No coercive action to be taken against the applicants till the next date of listing while the subordinate court is asked to verify the truth of the compromise asserted by the parties.

Abhishek Raj Varshney and 2 Others vs State… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 22914 of 2024

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Applicant :- Abhishek Raj Varshney And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Sri Devashish Mitra, Advocate has filed short counter affidavit along with his Vakalatnama on behalf of opposite party no. 2/informant, in Court today, which is taken on record.

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Heard learned counsel for applicants, learned counsel for 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 10.12.2021 and cognizance/summoning order dated 05.05.2022, of criminal case no. 41270 of 2022, arising out of case crime no. 153 of 2021, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Ghaziabad, pending in the court of J.M./F.T.C.-I, Ghaziabad, in terms of the compromise arrived at between the parties.

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It is submitted that on account of intervention of the well-wishers, a compromise has been arrived at between the parties. The said compromise has already been filed before the trial 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 trial court concerned or any other transferee court, as the case may be, on 20.08.2024 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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Put up this case on 13.09.2024 as fresh, showing the name of counsel for opposite party no. 2/informant.

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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

Abhishek Raj Varshney and 2 Others v. State of U.P. and Another

Case brief

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Abhishek Raj Varshney and 2 Others v. State of U.P. and Another

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