Disposed

Rakesh Kumar and Another v. State of U.P. and Another

Allahabad HC25 Nov 2024A482/40030/2024

Case brief

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What is this about?

The High Court referred an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings on the basis of a compromise to the lower court for verification, recording statements, and submitting a report.

What did the court decide?

The matter was listed for verification of the compromise, stay granted on further proceedings in the criminal case pending verification.

Rakesh Kumar and Another vs State of U.P. 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. - 40030 of 2024

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Applicant :- Rakesh Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State respondent.

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The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire proceeding of Complaint No. 3877 of 2021 (Vikram Jeet Singh Vs. Rakesh Kumar and others), under Sections 323, 452, 506 I.P.C., Police Station Kavi Nasgar, District Ghaziabad, pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad as well as impugned summoning order dated 24.09.2021 passed by the court of learned Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad, on the basis of compromise dated 04.01.2024.

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It is submitted that during pendency of the criminal proceeding, both the parties have settled their dispute amicably out of the Court, therefore, instant application may be decided finally on the basis of compromise arrived at between the parties and criminal proceedings against the applicants may be quashed.

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Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise.

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In this conspectus, as above, both the parties are hereby directed to appear before the court below on 12/13.12.2024 to get their compromise verified. After receiving said compromise, learned court concerned shall verify the same in presence of both the parties after recording their statements and submit its verification report before this Court on or before the next date fixed in the matter.

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List this matter on 20.02.2025 along with verification report submitted by the court concerned, if any.

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Respondent no.2 shall appear before this court through counsel

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on the next date fixed.

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Till the next date of listing, further proceedings in aforesaid criminal case shall remain stayed against the present applicants.

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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 :- 25.11.2024 T.S.

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

Rakesh Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

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Rakesh Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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