Disposed

Mahesh Kumar and 3 Others v. State of Up and Another

Allahabad HC24 Oct 2024A482/36116/2024

Case brief

AI extract

What is this about?

In an S. 482 CrPC application to quash criminal proceedings based on a post-filing compromise dated 26.09.2024, the High Court directed parties to appear before the trial court for verification of the compromise. Further proceedings were stayed pending the verification report.

What did the court decide?

Proceedings stayed pending verification of compromise by trial court; parties directed to appear for verification.

Mahesh Kumar and 3 Others vs State of Up and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 36116 of 2024

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Applicant :- Mahesh Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Singh Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Shri Santosh Kumar Varma, learned Advocate has filed memo of appearance on behalf of opposite party no.2 today in Court, which is taken on record.

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Office is directed to print the name of aforesaid counsel as counsel for opposite party.

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Heard learned counsel for the applicants, learned AGA for the State as well as learned counsel appearing on behalf of opposite party no.2 and perused the records.

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The applicants have invoked the inherent jurisdiction of this Court under Section 482 CrPC praying to quash the cognizance & summoning order dated 10.10.2023 passed by Chief Judicial Magistrate, Jalaun as well as the entire proceeding of Case No.1982 of 2023 (State v. Mahesh Kumar and Others) arising out of Case Crime No.52 of 2023, under Sections 323, 504, 506, 427, 452, 325 of IPC, Police Station- Gohan, District- Jalaun on the basis of the compromise/notary affidavit dated 26.09.2024.

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It is submitted that during pendency of the instant application, both the parties have amicably settled their dispute out of the Court and inked compromise dated 26.09.2024 which has been notarised. Photocopy of the said compromise is annexed as Annexure-4 to this application. It is next submitted that in changed scenario, no dispute remains between the parties and they have buried the hatchet and at present, there is no grudge against each other, therefore, to observe peace and tranquility between them, instant criminal proceedings may be decided on the basis of the compromise.

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Learned counsel for opposite party no.2 has submitted that in the changed circumstances, wherein parties have entered into compromise, opposite party no. 2 is no longer inclined to pursue the criminal proceedings against the accused (present applicants). Therefore, proceedings may be decided on the basis of the

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compromise.

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Learned AGA has no objection in relegating the parties before the court below to get this compromise verified.

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In this conspectus, as above, both the parties are hereby directed to appear before the court concerned on 19/20.11.2024 for verification of the compromise along with the original copy of the compromise application. After receiving the said compromise, learned court concerned shall verify the same in presence of both the parties after recording their statements and submit compromise 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 on 15.01.2025 before appropriate Court along with the compromise verification report submitted/sent by the Trial Court, if any.

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Until further order(s) of this Court, further proceedings arising out of Case Crime No.52 of 2023, under Sections 323, 504, 506, 427, 452, 325 of IPC, Police Station- Gohan, District- Jalaun shall remain stayed.

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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 :- 7.11.2024 Rama Kant

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

Mahesh Kumar and 3 Others v. State of Up and Another

Case brief

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Mahesh Kumar and 3 Others v. State of Up and Another

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