Disposed

Bachcha Ram @ Uma Shankar v. State of U.P. Thru. Secy. Home U.P. Civil Sectt. Lko and Anr.

Allahabad HC15 Mar 2024A482/5025/2017

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. petition seeking quashing of criminal proceedings based on a claimed compromise, the High Court disposed of the matter by directing the lower court to verify the compromise. No coercive action was taken pending verification.

What did the court decide?

No coercive action to be taken pending verification of compromise by the lower court.

Bachcha Ram @ Uma Shankar Vs State of U.P. Thru. Secy… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:23236

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 5025 of 2017

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Applicant :- Bachcha Ram @ Uma Shankar Opposite Party :- State Of U.P. Thru. Secy. Home U.P. Civil Sectt. Lko And Anr.

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Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- Govt. Advocate,Surya Kumar

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri K.K. Singh holding brief of Sri Santosh Kumar Mishra, learned counsel for the petitioner, Sri Vishwanath Nishrad, learned AGA for the State as well as Sri Surya Kumar, learned counsel for opposite party no. 2.

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This petition under Section 482 Cr.P.C. has been filed by the petitioner with the prayer to set aside the summoning order dated 07.11.2016 passed by Sessions Judge, Shrawasti in Special Case No. 05 of 2016 in Case Crime No.1899 of 2016, under Section 429 IPC and Section 135 of Electricity Act, Police Station Kotwali Bhinga, District Shrawasti, NBW dated 03.07.2017 passed by ASJ/FTC, Shrawasti, as well as chargesheet No. 262 of 2016, dated 18.09.2016 submitted by Investigating Officer and further proceeding of the aforesaid case crime number which is contained as Annexure nos. 1, 2 and 3 to this petition.

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Submission of learned counsel for the petitioner is that during the pendency of the present petition filed under Section 482 Cr.P.C, both the parties have entered into a compromise, therefore, the entire proceedings of the aforesaid case crime may be quashed/set aside on the basis of compromise.

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Learned counsel for opposite party no. 2 has also submitted that both the parties have amicably settled their dispute through compromise which is annexed as Annexure no. SA-1 to the short counter affidavit dated 17.01.2024, filed by opposite party no. 2.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, this petition is disposed of with a direction to the Sessions Judge, Shrawasti that if any such compromise is filed before the court below concerned, it shall issue notices to

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all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. For the purpose of verification of the compromise, petitioner and opposite party no. 2 shall appear before the court concerned on 05.04.2024 alongwith original compromise deed and the learned court below shall proceed to verify the compromise deed. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the petitioner to approach this Court again for quashing of the proceedings.

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It is expected that needful exercise shall be carried out by the respective parties expeditiously.

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Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the petitioner in the aforesaid case.

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Office is directed to return the original compromise to the counsel for the petitioner within a week from today and the photostat copy will be placed on record of the same.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 15.3.2024 kkv/

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Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Bachcha Ram @ Uma Shankar v. State of U.P. Thru. Secy. Home U.P. Civil Sectt. Lko and Anr.

Case brief

What is this about?

What did the court decide?

Bachcha Ram @ Uma Shankar v. State of U.P. Thru. Secy. Home U.P. Civil Sectt. Lko and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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