Disposed

Aman Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC23 Aug 2024A482/7413/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC quashing criminal proceedings based on alleged cheating and forgery, this Court did not dispose of the matter. It directed that the parties file the compromise before the trial court for verification within four weeks and stayed coercive action for eight weeks.

What did the court decide?

Stay of coercive action for eight weeks and direction to file compromise before trial court for verification.

Aman Singh vs State of U.P. Thru. Prin. Secy. Deptt. of… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:57610

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7413 of 2024

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Applicant :- Aman Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Sri Rramkripal Yadav, 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 parties and perused the record.

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Instant application has been preferred by the applicant(s) for the following main relief(s):-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the whole criminal proceeding of Criminal Case No. 642 of 2023 "State Versus Dheeraj Rajbhar & others" arising out of Case crime No. 08 of 2022 under section 419, 420, 406, 504, 506 IPC, pending before the Civil Judge (Jr.Div.)/Judicial Magistrate Tanda, Ambedkar Nagar and charge sheet No. 41 of 2023 dated 30.3.2023 under section 406 IPC as well as for quashing the summoning order dated 7.11.2023 passed by the Civil Judge (Jr.Div.)/Judicial Magistrate Tanda, Ambedkar Nagar directing the Petitioner to appear before the court to face the trauma of trial, as contained in Annexure No. 2&3 respectively, so far as it relates to the Petitioner."

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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. 8 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 four week's 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 :- 23.8.2024

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Arun/-

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

Aman Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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Aman Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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