Disposed

Savej and Another v. State of U.P. and Another

Allahabad HC4 Sept 2024A482/28596/2024

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application to quash charges based on a compromise deed, the High Court directed both parties to appear before the trial court for verification of the compromise. The court mandated recording of party statements regarding fulfillment of terms and set a timeline for the trial court to report back.

What did the court decide?

Parties directed to appear before the trial court for verification of compromise; no coercive measures shall be taken pending verification.

Savej and Another vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 28596 of 2024

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Applicant :- Savej And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhijeet Singh,Saurabh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Mr. Gulab Yadav, Advocate appearing on behalf of opposite party no.2 has filed vakalatnama in the Court today, which is taken on record.

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Heard Mr. Abhijeet Singh, learned counsel for the applicants, Mr. Mr. Gulab Yadav, learned counsel for the opposite party no.2 and Mr. Rizwan Ahmad, learned counsel for the State and perused the material on record.

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The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet dated 14.03.2022 against the applicants, under Sections 308, 323, 504 and 506 I.P.C. and the impugned Summoning Order dated 25.06.2024 as well as the consequential orders passed in Case No.9098/2024 (State vs. Savej and Other), arising out of Case Crime No.0613/2021, under Sections 308, 323, 504 and 506 I.P.C., Police Station- Behat, District- Saharanpur as well as stay the further proceeding of the aforesaid case, pending before the learned Additional Chief Judicial Magistrate, First, Saharanpur, in pursuance of compromise deed dated 07.08.2024.

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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.6 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.

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Learned AGA as well as learned counsel for opposite party no.2 also does not dispute the correctness of the submissions made by the learned counsel for the applicants.

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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.

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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 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?

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

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Put up this case on 15^th October, 2024, as fresh showing the name of Mr. Gulab Yadav as learned counsel for the opposite party no.2.

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

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Order Date :- 4.9.2024 Kalp Nath Singh

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

Savej and Another v. State of U.P. and Another

Case brief

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Savej and Another v. State of U.P. and Another

Case brief

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