Disposed

Aakash and 4 Others v. State of Up and Another

Allahabad HC25 Nov 2024A482/32452/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Court observed an alleged compromise between the applicant and the opposite party. Instead of deciding the application immediately, the Court directed both parties to appear before the lower court to verify the compromise and submit a verification report.

What did the court decide?

Parties directed to appear before the lower court on 12.12.2024/13.12.2024 for verification of compromise; further proceedings in the criminal case stayed.

Aakash and 4 Others vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 32452 of 2024

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Applicant :- Aakash And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikash Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Sri Shekhar Singh, Advocate has filed memo of appearance and affidavit on behalf of respondent no.2 which is taken on record. Office is directed to proceed accordingly and print the name of Sri Shekhar Singh as counsel for respondent.

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Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State respondent.

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The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the cognizance/summoning order dated 17.05.2019 along with the entire proceeding of Complaint Case No.6904707 2018 (Ravi Kumar vs. Aakash and others), under Sections 379, 323, 504, 506 and 452 I.P.C., Police Station- Shahganj, District-Agra pending in the court of Additional Chief Judicial Magistrate, court no.10, Agra.

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It is submitted that during pendency of the criminal proceeding, both the parties have settled their dispute amicably out of the Court. It is next submitted that in changed scenario, both the parties have buried the hatchet and have no grudges against each other. Compromise dated 27.08.2024 along with application and affidavit has been filed before the lower court. Certified copy of compromise and application along with affidavit are collectively annexed at Annexure no.5 to the instant application. It is next submitted that in view of the compromise took place between the parties, opposite party no.2 is no more inclined to pursue the criminal proceedings against the present applicants, therefore, instant application may be decided finally on the basis of compromise arrived at between the parties and criminal proceedings against the applicants may be quashed.

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Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, in case matter is referred before the court below for verification of compromise. It is further submitted

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that opposite party no. 2 does not want to prosecute the present case against the applicants any more as no dispute remains between the parties.

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Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise.

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In this conspectus, as above, both the parties are hereby directed to appear before the court below on 12.12.2024/13.12.2024 to get their compromise verified. Learned court concerned shall verify the same in presence of both the parties after recording their statements and submit its verification report before this Court within a period of one month from the date of appearance of the parties.

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List this matter before appropriate Bench on 20.02.2025 along with verification report submitted by the court concerned, if any.

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Till the next date of listing, further proceedings in aforesaid criminal case shall remain stayed against the present applicant.

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This matter shall not be treated as tied up or part heard to this Bench.

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Order Date :- 25.11.2024 Asha

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Digitally signed by :- ASHA High Court of Judicature at Allahabad

Aakash and 4 Others v. State of Up and Another

Case brief

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Aakash and 4 Others v. State of Up and Another

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