Disposed

Rahul Dwivedi @ R.D. v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC22 Jan 2024A482/523/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. to quash cognizance, chargesheet and Sessions Trial proceedings based on a settlement between petitioner and complainant. Court directed both parties to appear before trial court on a fixed date for verification of the compromise deed and interim protection from criminal proceedings until next hearing.

What did the court decide?

Interim protection: petitioner not to be compelled to face criminal proceedings till next date; compromise to be verified by court below with report to High Court.

Rahul Dwivedi @ R.D. vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 523 of 2024

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Applicant :- Rahul Dwivedi @ R.D. Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ayodhya Prasad Mishra A.P. Mishra,Ayush Shukla,Rituraj Mishra

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Counsel for Opposite Party :- G.A.,Shesh Ram Verma

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri A.P. Mishra, learned counsel for the petitioner, Sri Nirmal Kumar Pandey, learned Additional Government Advocate for the State as well as Sri Shesh Ram Verma, Advocate who has filed Vakalatnama on behalf of opposite party no.2. His Vakalatnama is taken on record.

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The present petition under Section 482 Cr.P.C. has been filed by the petitioner with the prayer to quash/set aside the impugned cognizance and summoning order dated 27.11.2014 passed by Additional Chief Judicial Magistrate, Court no. 27, Lucknow as well as the chargesheet/police report filed under Section 173 Cr.P.C. vide Chargesheet No. 120 of 2014, dated 02.06.2014 filed by the investigating officer of Case Crime No. 613 of 2013, under Sections 307, 384, 506 IPC and Section 5 of Explosive Act, 1884, relating to Police Station Chinhat, District Lucknow, as contained in Annexure Nos. 1 and 2 to this petition and entire proceeding of Sessions Trial No. 231 of 2015 (State Vs. Rahul Dwivedi) arising out Case Crime No. 613 of 2013, under Sections 307, 384, 506 IPC and Section 5 of Explosive Act, 1884, relating to Police Station Chinhat, District Lucknow, pending in the court of learned Additional District Judge/FTCII, Lucknow on the basis of settlement which has taken place between the petitioner and complainant/opposite party no. 2 through written settlement deed dated 05.01.2024 and submitted in the court of learned Additional District Judge/FTC-II, Lucknow. It has further been prayed that the criminal proceeding of aforesaid Sessions Trial No. 231 of 2015 may be decided on merits.

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Learned counsel for the petitioner has submitted that the petitioner and opposite party no. 2 have amicably compromised their dispute on 05.01.2024. The photocopy of compromise taken place between the parties has been annexed with this petition as Annexure No. 5. Learned counsel for opposite party no. 2 has also agreed on the submission of learned counsel for the petitioner that the parties have entered into a compromise.

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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, for the purpose of verification of the compromise, petitioner and opposite party no. 2 shall appear before the learned Additional District Judge/FTC-II, Lucknow on 01.04.2024 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 below and the same shall be sent to this Court by the next date of listing. The compromise will be made part of the record. The court below in that scenario will allow the parties to obtain certified copy of the report as well as compromise.

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List the matter before this Court on 02.05.2024.

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Till the next date of listing, the petitioner shall not be compelled to face the criminal proceedings in pursuance of the aforesaid case crime.

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When the case is listed next, name of Sri Shesh Ram Verma be printed in the cause list as learned counsel for opposite party no. 2.

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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

Rahul Dwivedi @ R.D. v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Rahul Dwivedi @ R.D. v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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