Disposed

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

Allahabad HC10 Dec 2024A482/37941/2024

Case brief

AI extract

What is this about?

This single-judge order under Section 482 Cr.P.C. refuses to quash criminal proceedings immediately pending on the strength of a compromise. It directs the trial court to verify the compromise document after summoning parties before granting relief.

What did the court decide?

Direction to the court below to verify the compromise after summoning parties; stay of coercive action for two months; liberty to file a fresh application based on verified copy.

Tejpal and 4 Others vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:193546

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 37941 of 2024

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Applicant :- Tejpal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Bharat Singh, learned counsel for the applicants and Sri Pankaj Srivastava, learned A.G.A. for the State.

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The present application has been filed for quashing the charge sheet dated 16.09.2022 as well as cognizance and summoning order dated 15.12.22 and entire proceedings of S.T. No.301 of 2024 (State Vs. Tejpal and others), under Sections 323, 504, 506, 324, 147, 308 I.P.C., pending in the court of learned Additional Sessions Judge/ Special SC/St Act, Sambhal situated at Chandausi, arising out of Case Crime No.237 of 2022, P.S. Bahjoi, District Sambhal, on the basis of compromise.

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Learned counsel for the applicants submits that the parties have settled their dispute amicably. It is further submitted that a written compromise dated 27.09.2024 was also entered into between the parties. It is further submitted that the copy of this compromise had already been filed before the court below, therefore, the aforesaid proceedings may be quashed on the basis of compromise.

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Per contra, learned A.G.A. has submitted that the compromise between the parties yet to be verified by the court below, therefore, proceedings cannot be quashed on the basis of aforesaid compromise.

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Considering the aforesaid submissions, present application is disposed of with direction to the court below to verify the compromise after summoning the parties and after verification of the aforesaid compromise, the court below will permit the parties to obtain certified copy of the same.

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The aforesaid exercise of verification shall be completed within a period of two months from the date of receiving of certified copy

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of this order and for a period of two months no coercive action shall be taken against the applicants in the aforesaid case.

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It is further provided that the parties are at liberty to file a fresh application under Section 482 Cr.P.C. to quash the impugned proceeding on the basis of verified copy of compromise.

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With the aforesaid direction, the application is disposed of .

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Order Date :- 10.12.2024 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

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

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

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