Mohd Javed @ Umesh Gupta and 5 Others v. State of U.P. and Another

Allahabad HC1 Aug 2024A482/24995/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash a charge sheet, cognizance order and trial proceedings after the parties settled their dispute out of court. The court directed the parties to seek verification of the compromise before the court below and adjourned the matter to 02.09.2024 with interim protection from coercive action.

What did the court decide?

Interim protection: no coercive action against applicants until next date of listing (02.09.2024).

Mohd Javed @ Umesh Gupta and 5 Others vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 92

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Case :- APPLICATION U/S 482 No. - 24995 of 2024

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Applicant :- Mohd Javed @ Umesh Gupta And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Prashant Kumar,J.

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Heard Sri B.K. Pandey, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned A.G.A. for the State-O.P. no.1 and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing charge sheet dated 19.01.2019, cognizance order dated 06.10.2020 as well as entire proceedings of Criminal Case No.2776 of 2020 arising out of Case Crime No.494 of 2018, under Section 147, 336, 504, 506 I.P.C., Police Station-Kotwali, DistrictJaunpur.

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It is submitted by learned counsel for the applicants that the parties have amicably settled their dispute outside the Court and the opposite party no.2 does not want to prosecute the applicants. The compromise has taken place between them on 06.10.2020 and the compromise deed has been annexed as Annexure-4 to the affidavit filed in support of the application.

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Learned A.G.A. has no objection to the aforesaid facts.

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In view of above facts, the parties shall file an application along with the compromise deed before the concerned Court below and appear before the Court concerned for verification of the compromise in the week commencing 12.08.2024. On receiving the said application, the Court below shall take steps for verification of the compromise and shall prepare a verification report. The concerned Court shall send the verification report to this Court, which may be placed in the file.

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Put up this matter on 02.09.2024 along with report of Court below as fresh.

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

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Order Date :- 1.8.2024 Manish Himwan

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Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad

Mohd Javed @ Umesh Gupta and 5 Others v. State of U.P. and Another

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Mohd Javed @ Umesh Gupta and 5 Others v. State of U.P. and Another

Case brief

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