Disposed

Gyanendra Brothers v. State of U.P. and Another

Allahabad HC6 Dec 2024A482/40773/2024

Case brief

AI extract

What is this about?

In an application invoking inherent jurisdiction under Section 482 Cr.P.C. to quash criminal proceedings based on a post-compromise settlement, the High Court directed the parties to verify the compromise before the court below pending further orders.

What did the court decide?

No coercive action taken pending compromise verification; matter listed for fixation of dates for verification.

Gyanendra Brothers vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2024)

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Court No. - 76 Case :- APPLICATION U/S 482 No. - 40773 of 2024 Applicant :- Gyanendra Brothers Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neetu Singh,Rajan Tripathi 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 and learned A.G.A. for the State. None is present for opposite party no.2.

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The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the summoning order dated 16.04.2022 passed by Metropolitan Magistrate- 5th, Kanpur Nagar in Complaint Case No. 3771 of 2016 (M/s A.J. Brothers & Company Vs. Gyanendra Brothers and Company) u/s 406, 420 I.P.C., Police Station- Anwarganj, District- Kanpur Nagar.

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It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings against the applicant 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 06.01.2025/07.01.2025 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed.

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List this matter on 11.03.2025 , along with compromise verification report submitted by the court concerned, if any.

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On the next date fixed, opposite party no.2 shall appear through counsel to put his version, if any.

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Till the next date of listing, no coercive action shall be taken against the applicant in aforesaid complaint case.

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Order Date :- 6.12.2024 Sumit K.

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

Gyanendra Brothers v. State of U.P. and Another

Case brief

What is this about?

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Gyanendra Brothers v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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