Partly allowed

Sunny Sharma and 4 Others v. State of Up and Another

Allahabad HC30 Aug 2024A482/26255/2024

Case brief

AI extract

What is this about?

The applicants sought quashing of criminal proceedings based on a compromise. The court did not quash the proceedings immediately but directed the parties to approach the trial court to verify the compromise. If verified, a report must be filed before this court; until then, no coercive action is permitted.

What did the court decide?

Directing parties to file verification of compromise with trial court; stay on coercive action until next date.

Sunny Sharma and 4 Others vs State of Up and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 26255 of 2024 Applicant :- Sunny Sharma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Tyagi Counsel for Opposite Party :- Subham,G.A.

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Hon'ble Raj Beer Singh,J.

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Shri Shivam Tyagi along with Shri Shubham Jadaun, Advocates have filed Vakalatnama on behalf of opposite party no.2, which is taken on record.

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Heard learned counsel for the applicants, learned counsel for the informant 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 28.11.2022 as well as cognizance/summoning order dated 12.01.2023, of Case No. 442 of 2023 (State Vs. Sunny Sharma and others), arising out of Case Crime No.878 of 2020, under Sections 323, 504, 506, 498A IPC and Section 3/4 D.P. Act, P.S.- Kotwali Ghaziabad, District- Ghaziabad, pending in the court of A.C.J.M.6, Ghaziabad.

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It has been submitted by learned counsel for the applicants 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

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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 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 24.10.2024, showing the name of Shri Shivam Tyagi along with Shri Shubham Jadaun, as counsel for the informant/opposite party no.2.

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It is directed that 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 :- 30.8.2024 RKM

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Sunny Sharma and 4 Others v. State of Up and Another

Case brief

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Sunny Sharma and 4 Others v. State of Up and Another

Case brief

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