Application under Section 482 CrPC for quashing of proceedings pending trial. The court noted a compromise between parties and directed the trial court to verify the compromise deed, granting interim protection against coercive action.
Interim stay on coercive action pending verification of compromise.
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Neutral Citation No. - 2024:AHC:182064
Court No. - 74
Case :- APPLICATION U/S 482 No. - 23265 of 2024
Applicant :- Jasveer Singh @ Amit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.,Girja Shanker Sen
Hon'ble Vikas Budhwar,J.
charge-sheet No.33 of 2019 dated 06.03.2019 in terms whereof, cognizance order was passed on 12.03.2019. Learned counsel for the applicant further submits that there happens to be a compromise between the applicant faction and the first informant faction dated 20.03.2024 which stood filed before the Court of Additional District and Sessions Judge, FTC-I, Auraiya on 22.03.2024, a copy whereof is already on record page 59, reference has already been made in para 21 of the application. Learned counsel for the applicant submits that once the parties in question have amicably settled the matter and a statement has been made which has been reduced in the writing in the form of an affidavit that no such offence took place then in view of the judgment in the case of Kapil Gupta v. State of NCT of Delhi and others, 2022 (15) SCC 44, Ramawatar v. State of Madhya Pradesh, 2021 AIR (SC) 5228, Jatin Agarwal v. State of Telangana & another, AIR Online 2022 SC 1464 which has been followed by this Court in the case of Fakre Alam @ Shazil v. State of U.P. and 3 others, 2023 (9) ADJ 710 , the proceedings are liable to be quashed.
(a) The applicant and the opposite party no.2 shall appear before
the Court of Additional District and Sessions Judge, FTC-I, Auraiya, on 09.12.2024 along with certified copy of the order passed today and the self attested copy of the application.
(b) The court below shall undertake the task of verification of the compromise as per the Rules.
(c) Thereafter verification be done within a period of six weeks therefrom 07.02.2024.
(d) Till the verification is done, no coercive action shall be taken against the applicant in pursuance of the entire proceedings of S.T. No.99 of 2019 (State v. Jasveer Singh) in Case Crime No.10 of 2019 under Section 376 IPC, Police Station- Ervakatra, District Auraiya as Charge Sheet No.33 of 2019 dated 07.03.2019 and cognizance order dated 12.03.2019 in terms of the compromise deed between the parties dated 20.03.2024 pending the Court of Additional District and Sessions Judge/FTC-Ist Auraiya.
Order Date :- 21.11.2024
A. Prajapati
Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal proceedings should be quashed on the ground of compromise between the parties?
Colour shows how this judgement treated each authority
Kapil Gupta v. State of NCT of Delhi and othersRelied on¶9
Kapil Gupta v. State of NCT of Delhi and others, 2022 (15) SCC 44 · Who else cites this
Ramawatar v. State of Madhya PradeshRelied on¶9
Ramawatar v. State of Madhya Pradesh, 2021 AIR (SC) 5228 · Who else cites this
Jatin Agarwal v. State of Telangana & anotherRelied on¶9
Jatin Agarwal v. State of Telangana & another, AIR Online 2022 SC 1464 · Who else cites this
Fakre Alam @ Shazil v. State of U.P. and 3 othersReferred¶9
Fakre Alam @ Shazil v. State of U.P. and 3 others, 2023 (9) ADJ 710
4 provisions across 2 enactments
Jasveer Singh @ Amit
State of U.P.
Another
Vikas Budhwar
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
