Disposed

Amit Agarwal and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC31 Aug 2024A482/7710/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application for quashing criminal proceedings under Section 482 CrPC 1973. The court directed parties to produce a verified compromise before the trial court within four weeks and allowed no coercive action for eight weeks.

What did the court decide?

Parties directed to appear before Trial Court within four weeks to file and verify compromise; no coercive action for eight weeks; reapplication permitted.

Amit Agarwal and Others vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:59678

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7710 of 2024

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Applicant :- Amit Agarwal And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Sushil Kumar Misra,Ashish Tripathi,Vishnu Kant Dwivedi

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Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Vishal Nigam, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record.

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Heard learned counsel for the applicants, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record.

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The instant application has been filed for the following main relief:-

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" अततः ममानननीय न्यमायमालय ससे ननवसेदन हहै वमाद सस 0-55963/2024, अपरमाध ससख्यमा - 33/2023, अस० धमारमा -498 ए ,323 आई० पनी० सनी० एवस 3/4 डनी०पनी० एक्ट , थमानमा - नमाकमा नहण्डडोलमा , जनपद - लखनऊ न्यमायमालय ए०सनी० जसे०एम० लखनऊ , सरकमार - बनमाम - अनमत अग्रवमाल व अन्य मम लममबत वमाद मम आरडोप - पत्र नदननॉनकत - 02.04.2024 ( ससलग्नक सस 0-2) व ससजमानमादसेश नदननॉनकत -04.06.2024 ( ससलग्नक सस 0-3) तथमा वमाद ककी अनग्रम कमायरवमाहनी कडो अपमास्त नकयसे जमानसे हसेततु आदसेश पमाररत करनसे ककी ककपमा करम। "

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Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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, the instant application is disposed of finally in following terms:-

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(i) The parties to the proceedings i.e. Case No. 55963 of 2024 (supra), shall appear before the concerned Court within four weeks from today and file the compromise.

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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 applicants 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 applicants, 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 applicants in the aforesaid case.

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Order Date :- 31.8.2024 Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Amit Agarwal and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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Amit Agarwal and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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