Disposed

Mahendra Yadav v. State of U.P. and Another

Allahabad HC9 Sept 2024A482/27839/2024

Case brief

AI extract

What is this about?

In a modification application for quashing criminal proceedings under Section 482 Cr.P.C., the court directed that the validity of a claimed compromise be verified by the trial court within two weeks, pending which no coercive action against the applicant shall be taken.

What did the court decide?

No coercive action against the applicant to be taken upon condition that parties file verified compromise before trial court within two weeks.

Mahendra Yadav vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 27839 of 2024

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Applicant :- Mahendra Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for applicant and the learned A.G.A. for the State.

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This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including charge-sheet dated 10.01.2019 and cognizance/summoning order dated 27.03.2019, of criminal case no. 19839 of 2019, arising out of case crime no. 616 of 2018, under Sections 498A, 323, 504, 506, 406 IPC, P.S. New Agra, District Agra, pending in the court of C.J.M., Agra, in terms of the compromise arrived at between the parties.

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It is submitted by learned counsel for the applicant that on account of intervention of the well-wishers, a compromise has been arrived at between the parties and the said compromise will be filed before the trial court concerned within two weeks from today. It is further contended that proceedings of the aforesaid case may be quashed on the basis of compromise arrived at between the parties.

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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 16.10.2024.

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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 :- 9.9.2024 Anand

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Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

Mahendra Yadav v. State of U.P. and Another

Case brief

What is this about?

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Mahendra Yadav v. State of U.P. and Another

Case brief

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