Disposed

Ravi Singh @ Manu Varma and Another v. State of Up and Another

Allahabad HC20 Aug 2024A482/27147/2024

Case brief

AI extract

What is this about?

This judgment considers an application under Section 482 Cr.P.C. where the applicant alleged contradictory statements and a subsequent compromise. The court directed the trial court to verify the compromise expeditiously and stayed criminal proceedings pending such verification and report.

What did the court decide?

Direct trial court to verify compromise by certified copy within 3 weeks; proceedings stayed pending verification and report.

Ravi Singh @ Manu Varma and Another vs State of… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 27147 of 2024

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Applicant :- Ravi Singh @ Manu Varma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharm Vir Singh Counsel for Opposite Party :- G.A.,Prashant Pandey

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Hon'ble Manish Mathur,J.

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Heard learned counsel for the applicants, learned A.G.A. for the opposite party no. 1-State and Mr. Prashant Pandey, learned counsel for the opposite party no. 2.

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Application under Section 482 Cr.P.C. has been filed challenging proceedings of Criminal Case No. 6291 of 2006 (State versus Ravi Singh and another) arising out of Case Crime No. 89 of 2006 registered under Sections 363, 366, 376 I.P.C. Police Station-Kotwali Dehat, District-Etah pending before the court of Chief Judicial Magistrate, District-Etah.

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It has been submitted that initially first information report was lodged against the applicants under Sections 363 & 366 I.P.C., but the statement of alleged victim recorded under Sections 161 and 164 Cr.P.C. is clearly contradictory to the allegations levelled in the first information report and the alleged victim has completely denied any such incident having ever occurred.

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It is submitted that there is no contradiction in the statement recorded under Sections 161 and 164 Cr.P.C. and therefore, there was no occasion to introduce Section 376 I.P.C. in the summoning order.

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It is further submitted that during the course of proceedings, the parties have entered into a compromise dated 24.04.2024 which has been submitted before the trial court and the certified copy of which has been brought on record as Annexure No. 8. It is submitted that since, even prima facie provisions of Section 376 I.P.C. are not attracted.

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In the present facts and circumstances, the compromise is directed to be verified.

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Learned counsel for the opposite party no. 2 on the basis of instructions admits the factum of compromise having been entered

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into between the parties.

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In view of the aforesaid facts and circumstances, particularly in view of the fact that compromise has already been filed before the trial court, direction is issued to the trial court for passing appropriate orders with regard to verification of the said compromise, expeditiously, preferably, within a period of three weeks from the date certified copy of this order is brought on record of proceedings.

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List this case on 06.01.2025, as fresh.

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Trial court is also directed to submit a report to this Court on or before the next date of listing with regard to orders passed for verification of the compromise.

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Till the next date of listing, the proceedings of Criminal Case No. 6291 of 2006 (State versus Ravi Singh and another) arising out of Case Crime No. 89 of 2006 registered under Sections 363, 366, 376 I.P.C. Police Station-Kotwali Dehat, District-Etah pending before the court of Chief Judicial Magistrate, District-Etah shall remain stayed except for the purposes of verification of compromise.

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Order Date :- 14.11.2024 SY

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Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad

Ravi Singh @ Manu Varma and Another v. State of Up and Another

Case brief

What is this about?

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Ravi Singh @ Manu Varma and Another v. State of Up and Another

Case brief

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