Disposed

Bhupendra Kumar Pandey @ Bhupendra Pandey and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC20 Aug 2024A482/7257/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of criminal proceedings under Sections 323, 504, 506 IPC on the basis of an out-of-court compromise. The Court directed parties to file the compromise before the trial court for verification within specified time frames, permitted renewed approach to this Court thereafter, and stayed coercive action for eight weeks.

What did the court decide?

Compromise to be filed and verified by trial court; certified copy permitted; coercive action stayed for eight weeks.

Bhupendra Kumar Pandey @ Bhupendra Pandey and Others vs… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:56624

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7257 of 2024

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Applicant :- Bhupendra Kumar Pandey @ Bhupendra Pandey And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Prabhakar Nath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Mohit Kishor Awasthi, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record.

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Heard learned counsel for the applicant(s), learned AGA for the State and perused the record.

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Instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita (in short "BNSS") has been preferred by the applicant(s)/petitioner(s) for quashing criminal proceedings of Criminal Case No. 4164 of 2018, arising out of Case Crime No.574 of 2017 under Section 323, 504, 506 IPC, P.S.-Mahrajganj, District-Faizabad now Ayodhya as well as Charge Sheet No. 01/2018 dated 08.01.2018.

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Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 4 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.

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

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Considering the aforesaid, this application is disposed of finally in following terms:-

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(i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within two week's

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from today.

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(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

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(iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order.

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(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

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(v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings.

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(vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court.

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(vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.

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Order Date :- 20.8.2024 Vinay/-

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

Bhupendra Kumar Pandey @ Bhupendra Pandey and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Bhupendra Kumar Pandey @ Bhupendra Pandey and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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