Disposed

Dushyant and 4 Others v. State of U.P. and Another

Allahabad HC27 Sept 2024A482/32955/2024

Case brief

AI extract

What is this about?

This order on U/S 482 Cr.P.C. application directs applicants and opposite parties to appear before the trial court along with compromise deed and certified order copy for verification of settlement terms and compensation return before deciding on quashing.

What did the court decide?

Two weeks to appear before trial court with compromise deed; trial court to verify within four weeks reporting to High Court.

Dushyant and 4 Others 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. - 32955 of 2024

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Applicant :- Dushyant And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar Shahwal,Nishi Sengar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Mr. Atul Kumar Kaithwas, Advocate holding brief of Mr. Ram Sajiwan Prajapati, has filed vakalatnama on behalf of opposite party no.2 in the Court today, which is taken on record.

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Heard Ms. Nishi Sengar, learned counsel for the applicants, Mr. Atul Kumar Kaithwas, Advocate holding brief of Mr. Ram Sajiwan Prajapati, learned counsel for opposite party no.2 as well as learned AGA 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/setaside the entire criminal proceeding of S.S.T. No.2221 of 2022 (State vs. Monti and Others) in Case Crime No.352 of 2022, under Sections 147, 323, 452, 427, 504 I.P.C. & Section 3(2) 5A SC/ST Act, Police Station- Modinagar, District- Ghaziabad, pending in the court of Special Judge SC/ST Act, Ghaziabad on the basis of compromise dated 14.06.2024.

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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.4 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 counsel for the opposite party no.2 does not dispute the correctness of the submissions made by the learned counsel for the applicants. He further submits that the opposite party no.2 shall be returning the compensation amount received by him.

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Learned A.G.A., 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? The fact regarding the amount towards compensation as received and stated to be returned, shall also be verified through the concerned District Magistrate.

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A report be called from the concerned District Magistrate whether any compensation was paid to the opposite party no.2/victim and the said amount has been returned back to the authority concerned 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, as fresh, on 28.10.2024 showing the name of Mr. Mr. Ram Sajiwan Prajapati 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 :- 27.9.2024 Kalp Nath Singh

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

Dushyant and 4 Others v. State of U.P. and Another

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Dushyant and 4 Others v. State of U.P. and Another

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