Disposed

Sushil Kumar Sharma and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC9 Apr 2024A482/3238/2024

Case brief

AI extract

What is this about?

The Court disposed of an application to quash criminal proceedings based on an amicably resolved dispute. The parties agreed to verify the compromise before the trial court within one week. Proceedings were stayed for three months pending verification.

What did the court decide?

Impugned proceedings to remain in abeyance for three months; parties directed to verify compromise before trial court within one week; final quashing to be decided after verification.

Sushil Kumar Sharma and 2 Others vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:28823

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 3238 of 2024

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Applicant :- Sushil Kumar Sharma, Sunil Sharma and Smt. Suraj Kanti Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Abhishek Kumar Singh,Avtar Singh Counsel for Opposite Party :- G.A., Gulshan Mohala, Nidhi Singh

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Hon'ble Karunesh Singh Pawar,J.

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1.Heard learned counsel for the applicants and Ms. Nidhi Singh, learned counsel for respondent No.2 who filed vakalatnama today in court which is taken on record, as also learned A.G.A., and perused the record.

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2.The instant petition has been filed by the applicants with a prayer to quash the proceedings of Crl. Case No. 115126 of 2022 State versus Sushil Sharma and others arsing out FIR No.12 of 2022 under sections 498-A, 504, 506 I.P.C., read with sections 3/4 D.P. Act, P.S. Vibhuti Khand, district Lucknow.

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3.Learned counsel for the petitioners submits that the dispute between the parties has been amicably resolved outside the court by way of compromise which is on record. It is submitted that on the basis of the compromise, the impugned proceedings are liable to be quashed.

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4.Learned counsel for respondent No.2 concedes that the dispute has been amicably settled between the parties and he has no objection if the impugned proceedings are quashed on the basis of compromise after its verification from the competent court.

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Learned A.G.A has also no objection in case the impugned proceedings are quashed on the basis of compromise, subject to its verification by the concerned court.

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5.Accordingly, having due regard to the submissions made by the parties' counsel, perusal of the compromise as also considering the law laid down by Supreme Court in (2012)10 SCC 303 Gian Singh versus State of Punjab

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and another, the petition is disposed of with direction to the parties to appear before the trial court on 24.4.2024, which shall verify the compromise in presence of the parties within the next one week. The trial court shall provide a copy of the verification report to the parties. A copy of compromise be placed on record of the trial court. It will be open to the applicants to approach this Court again for quashing of the proceedings on the basis of the verification report and compromise.

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For a period of three months, impugned proceedings shall remain in abeyance.

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6.Office is directed to return original copy of the compromise to learned counsel for the petitioners and retain a photocopy thereof, under Rules of the Court.

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Order Date :- 9.4.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Sushil Kumar Sharma and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Sushil Kumar Sharma and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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