Disposed

Munnu Singh Yadav v. State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. of Home Lko and Another

Allahabad HC9 Sept 2024A482/8033/2024

Case brief

AI extract

What is this about?

Applicant sought quashing of proceedings in Crime No. 189/2009 arising from FIR No. 162/2009 under Sections 420/467/468/471 IPC on the basis of an out-of-court compromise. The Court directed verification of the compromise by the trial court and left it open to approach again for quashing.

What did the court decide?

Application disposed of with directions to verify compromise before trial court; no coercive action against applicant for eight weeks; liberty to renew quashing petition.

Munnu Singh Yadav vs State of U.P. Thru. Addl. Chief… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:61841

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8033 of 2024

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Applicant :- Munnu Singh Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Hemant Kumar Mishra,Abhishek Mishra,Arti Ganguly Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Hairdaya Narain Trivedi, Advocate, Sri Hari Mangal Singh, Advocate and Shri Ankit Kumar Pandey, Advocate have put in appearance for the private opposite party no. 2 and has filed Vakalatnama, which is taken on record.

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Heard learned counsel for the applicant, learned AGA for the State and learned counsel for the private-opposite party.

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Instant application has been preferred by the applicant seeking following main relief:

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"to set aside the entire proceedings of the Crime No. 189/2009- State versus Munnu Singh Yadav and other arising out of First Information Report No. 162/2009 under section 420/467/468/471 IPC Police Station Wazirganj, district Lucknow pending in the court of Additional Chief Judicial Magistrate, Lucknow (CBIAP) as well as the charge sheet and cognizance order on the basis of compromise arrived between the parties and no fruitful purpose would be served for pendency of the aforesaid criminal case."

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Learned counsel for the applicant 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. 3 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

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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 to approach this Court again for quashing of the proceedings.

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(vi) Office is directed to provide original compromise to the counsel for the applicant, 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 in the aforesaid case.

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Order Date :- 9.9.2024 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Munnu Singh Yadav v. State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. of Home Lko and Another

Case brief

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Munnu Singh Yadav v. State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. of Home Lko and Another

Case brief

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