Disposed

Sujoy Sarkar v. State of U.P. and Another

Allahabad HC30 Aug 2024A482/24225/2024

Case brief

AI extract

What is this about?

The High Court directed that the trial court verify the alleged compromise between parties in a pending matrimonial dispute case before quashing criminal proceedings. The applicant was directed not to face coercive action until the next hearing.

What did the court decide?

No coercive action against the applicant until the next date; parties directed to file compromise application before trial court within two weeks for verification.

Sujoy Sarkar vs State of U.P. 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. - 24225 of 2024

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Applicant :- Sujoy Sarkar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing of the entire criminal proceedings, including charge-sheet dated 20.10.2020 as well as cognizance/summoning order dated 06.11.2020, of Case No. 9862 of 2020, arising out of Case Crime No.13 of 2020, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S.- Mahila Thana, District- Jhansi, pending in the court of Civil Judge (J.D.)/J.M., Jhansi.

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It has been submitted by learned counsel for the applicant that matter relates to matrimonial dispute and both the parties have amicably settled the dispute and compromised the matter, hence, the impugned proceedings may be quashed on the basis of compromise.

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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 compromise within a period of two weeks from today, the same shall be verified by the court concerned in accordance with law

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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 03.10.2024.

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

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Order Date :- 30.8.2024 SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Sujoy Sarkar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sujoy Sarkar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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