Disposed

Jagdish Prasad Bansal v. State of Up and Another

Allahabad HC12 Nov 2024A482/38116/2024

Case brief

AI extract

What is this about?

An application to quash criminal proceedings under Section 482 CrPC was admitted based on a compromise. The High Court directed the trial court to verify the compromise with parties and ordered a stay on further proceedings pending the verification report.

What did the court decide?

Direction to trial court to verify compromise; stay on further proceedings in the criminal case.

Jagdish Prasad Bansal vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 38116 of 2024

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Applicant :- Jagdish Prasad Bansal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Heard learned counsel for the applicant, learned AGA for the State. None is present for the opposite party no.2.

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The applicant has invoked the inherent jurisdiction of this Court under Section 482 CrPC praying to quash the entire proceedings of Case No.96 of 2008 (State v. Jagdish Prasad Bansal) arising out of Case Crime No.73 of 2006, under Sections 420, 465, 467, 468, 471 of IPC, Police Station- Deoband, District- Saharanpur, pending in the court of learned ACJM, Deoband, Saharanpur, on the basis of compromise dated 12.09.2024.

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It is submitted that during pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court and inked compromise dated 12.09.2024 which has been filed before the court below. Certified copy of the said compromise is annexed as Annexure-8 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 AGA has no objection in relegating the parties before the court below to get their compromise verified.

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In this conspectus, as above, learned court concerned, before whom compromise application dated 12.09.2024 has been filed, is hereby directed to 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 two months from the date of appearance of the parties who are hereby directed to appear before the court concerned on 02/03.12.2024 to get the aforesaid compromise verified.

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List this matter on 05.02.2025 before appropriate Court along with the compromise verification report submitted/sent by the Trial

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Court, if any.

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Until further order(s) of this Court, further proceedings arising out of Case Crime No.73 of 2006 shall remain stayed.

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It is made clear that on the next date fixed, opposite party no.2 shall appear through counsel to put his version, if any.

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Order Date :- 12.11.2024 Rama Kant

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

Jagdish Prasad Bansal v. State of Up and Another

Case brief

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Jagdish Prasad Bansal v. State of Up and Another

Case brief

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