Disposed

Chandra Prakash Chaudhary and Another v. State of U.P. and Another

Allahabad HC28 Nov 2024A482/40671/2024

Case brief

AI extract

What is this about?

The Court recorded a compromise between parties in a criminal case involving negligence and caste offences. Directions were issued for court verification of the compromise and compensation payment, pending which further proceedings were stayed.

What did the court decide?

Proceedings stayed; parties directed to verify compromise; verification of compensation payment under SC/ST Act to be ensured.

Chandra Prakash Chaudhary and… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 40671 of 2024

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Applicant :- Chandra Prakash Chaudhary And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Sri Ravindra Prakash Srivastava, learned Advocate has filed short counter affidavit along-with memo of appearance on behalf of opposite party no.2 which is taken on record.

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Heard learned counsel for the applicant, learned AGA for State and learned counsel for the opposite party no.2.

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The present applicants have invoked the inherent power of this Court under Section 482 Cr.P.C. for quashing the entire proceedings of Case No.1022 of 2011, (State versus Chandra Prakash Chaudhary and another), arising out of Case Crime No.5005 of 2011, under Sections 304-A, 504, 506 IPC & Section 3(1)VI of SC/ST (PA) Act, 1989, Police Station Walterganj, District Basti, in the light of compromise dated 02.09.2024, pending before the Court of Judicial Magistrate-I, Court No.12, Basti.

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It is submitted that during the pendency of the case, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, the instant application under Section 482 Cr.P.C. be allowed and criminal proceedings be quashed on the basis of compromise.

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Opposite party no.2 has nodded the submission advanced by counsel for the applicants and admitted the factum of compromise

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took place between the parties. It is contended that in changed scenario opposite party no.2 do not wants to prosecute the present application.

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In this conspectus, as above,both the parties are hereby directed to appear before the Court below on 16/17.12.2024 to get the compromise verified. Learned Court concerned, in turn, shall verify the said compromise in presence of both the parties after recording their statements and submit verification report on or before the next date fixed.

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It is made clear that at the time of verification of compromise application, learned Court concerned shall also verify the fact as to whether complainant/victim has received any compensation amount from the State under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 or not. If so received, the same shall be made good and deposited/returned in Government exchequer. The court concerned shall call for a report from the concerned District Social Welfare Officer as to whether received compensation amount has been deposited/returned by the victim or not.

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List this matter on 17.03.2025 along-with compromise verification report, if any.

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

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Order Date :- 28.11.2024 I.A.Siddiqui

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Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad

Chandra Prakash Chaudhary and Another v. State of U.P. and Another

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Chandra Prakash Chaudhary and Another v. State of U.P. and Another

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