Disposed

Ritik Upadhyay and 2 Others v. State of Up and 2 Others

Allahabad HC20 Sept 2024A482/26397/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a 2013 charge sheet under Sections 419, 420, 406 IPC citing a compromise deed and Gian Singh precedent. Court directed parties to appear before trial court for verification of compromise, with report back, interim protection from coercive measures.

What did the court decide?

Interim order: no coercive measures against applicants until 21.10.2024; parties directed to appear before trial court for compromise verification.

Ritik Upadhyay and 2 Others vs State of Up and 2 Others — Quashing and FIR | Allahabad HC (2024)

¶1

Court No. - 75

¶2

Case :- APPLICATION U/S 482 No. - 26397 of 2024

¶3

Applicant :- Ritik Upadhyay And 2 Others Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Manoj Kumar,Monu Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

Heard learned counsel for the applicants as well as learned AGA for the State and perused the material on record.

¶6

The present 482 Cr.P.C. application has been filed to quash the Charge Sheet No.27 of 2013 dated 06.07.2013 and entire proceeding of Case No.1566 of 2013 (State vs. Shiv Kumar and Others), arising out of Case Crime No.54 of 2013, under Sections 419, 420 and 406 I.P.C., Police Station- Laksa, District- Varanasi as well as stay the further proceeding of the aforesaid case, pending in the court of A.C.J.M. II, Varanasi, in pursuance of compromise deed dated 06.04.2024.

¶7

Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties. The copy of the said compromise/mutual deed, filed before the court below, is annexed as Annexure No.4 to this application. Therefore, continuance of proceedings against the applicants would be a futile exercise and wastage of time of the Court and will be abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.

¶8

Learned AGA does not dispute the correctness of the submissions made by the learned counsel for the applicants.

¶9

Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.

¶10

In view of the above, both the parties are directed to appear before the court below along with copy of compromise deed as well as a certified copy of this order within a two week from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass

¶11

an appropriate order with respect to the same in accordance with law, after hearing the informant, as expeditiously as possible, preferably within a period of four weeks from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

¶12

Upon due verification of compromise, the court below may pass appropriate order in that regard and send a report to this Court.

¶13

Put up this case on 21.10.2024, as fresh.

¶14

Till then, no coercive measure shall be taken against the applicants in the aforesaid case.

¶15

Order Date :- 20.9.2024 Kalp Nath Singh

¶16

Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad

Ritik Upadhyay and 2 Others v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

Ritik Upadhyay and 2 Others v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vijay Kumar and 3 Others vs State of U.P. and 6 Others

Sadhu vs State of U.P. and Another

Kusmakar vs State of U.P. and Another

Uday Bhan and 2 Others vs State of U.P. and 2 Others

Nishkarsh Pandey and 3 Others vs State of U.P. and Another

Rais Ahmad and 3 Others vs State of U.P. and Another