Disposed

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

Allahabad HC6 Sept 2024A482/7966/2024

Case brief

AI extract

What is this about?

This judgment deals with an application under Section 482 CrPC to quash criminal proceedings arising from a matrimonial dispute. The High Court adjourned final decision, directing the parties to file the compromise deed before the trial court for verification within a specified period before allowing quashing.

What did the court decide?

Stay of coercive action for eight weeks; direction to file verify compromise deed in trial court.

Lavlesh and Others vs State of U.P. Thru. Prin… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:61494

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7966 of 2024

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Applicant :- Lavlesh And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Shraddha Verma Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Ankit Gupta, 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 has been preferred by the applicant(s) for quashing the entire proceedings of Criminal Case No. 3895 of 2023 (State of U.P. vs. Lavlesh and others) initiated in pursuance of charge sheet No. 280(01) of 2023 dated 24.09.2023 arising out of Case Crime/First Information Report No. 353 of 2023, under Sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station- Haidargarh, DistrictBarabanki as well as summoning order dated 04.11.2023 passed by Chief Judicial Magistrate, Haidargarh, Court No. 17, Barabanki.

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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 as also that the fact that the dispute involved in this case is matrimonial in nature, 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 :- 6.9.2024 Arun/-

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

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

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

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