Disposed

Deenu and 8 Others v. State of U.P. and 8 Others

Allahabad HC24 Oct 2024A482/36177/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing criminal proceedings arising from a settlement and compromise between parties.

What did the court decide?

Stay of criminal proceedings until verification report is submitted.

What the court decided

Deenu and 8 Others vs State of U.P. and 8 Others — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 36177 of 2024

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Applicant :- Deenu And 8 Others Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Sri Mohd. Razif has filed memo of appearance on behalf of Respondent Nos. 2 to 9, today in Court, which is taken on record.

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Office is directed to print the name of aforesaid counsel in the cause list as counsel for the respondent.

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The applicants have invoked the inherent jurisdiction of this Court under Article 482 Cr.P.C. for quashing of the entire criminal proceedings of Criminal Case No. 17067 of 2024 (arising out of Case Crime No. 569 of 2023) under Sections 147, 323, 504, 506, 427, 325 and 307 IPC as against applicant No.1, under Sections 147, 323, 504, 506, 427 and 325 IPC as against applicant No.2, under Sections 147, 323, 504, 506, 427 and 324 IPC as against applicant No.3 and under Sections 147, 323, 504, 506 and 427 IPC as against applicant Nos. 4 to 9 , P.S. Shahganj, District Agra pending in the court of Special Chief Judicial Magistrate, Agra.

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Learned counsel for the applicants submits that during pendency of criminal proceeding both the parties have arrived at compromise and settled their dispute amicably out of the court. They inked compromise dated 27.09.2024 and filed the same before the court below. Copy of the compromise application is annexed as Annexure No. 5 to this affidavit. Learned counsel for the applicants further submits that now no dispute remains between the parties, who have buried their hatches, therefore, instant application may be allowed and impugned proceedings may be quashed.

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Respondent No.2 has nodded the submission as advanced by learned counsel for the applicant and admitted the factum of compromise took place between the parties. He has further contended that in changed circumstances, Respondent No.2 is no longer inclined to pursue the criminal proceeding against the present applicants, therefore, criminal proceedings may be quashed on the basis of compromise.

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In this conspectus, as is above, learned court concerned, before whom compromise application has been filed is hereby directed to verify the said compromise in presence of both the parties after recording their statement and submit a verification report within a period of one month from the date of appearance of the parties, who are hereby directed to appear before the court below on 18th November, 2024.

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List this matter on 10.1.2025 along with the compromise verification report submitted by the court concerned, if any.

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Till the next date of listing further proceedings of the case shall remain stayed.

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Order Date :- 24.10.2024 Kumar Manish.

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Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad

Deenu and 8 Others v. State of U.P. and 8 Others

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Deenu and 8 Others v. State of U.P. and 8 Others

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