Sanjeev Kumar Singh and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC10 Sept 2024A482/8124/2024

Case brief

AI extract

What is this about?

Court disposed of an application under section 482 CrPC seeking quashing of proceedings based on a compromise. Granted four weeks for parties to file verified compromise before the Trial Court; stayed coercive action for eight weeks.

What did the court decide?

Parties directed to appear before Trial Court within four weeks to file verified compromise; coercive action stayed for eight weeks.

Sanjeev Kumar Singh and Others vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62275

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8124 of 2024

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Applicant :- Sanjeev Kumar Singh And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ashok Kumar Singh Tomar,Dharmendra Kumar Bhatt Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Ashish Srivastqava, 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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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to cancelled the impugned summoning order (Annexure no.2) against the petitioner no- 1 in under section- 498 A, 323, 324, 504, 506, 307 IPC and 3/4 The Dowry Prohibition Act, 1961, petitioner No-2, 3 and 4 in under section- 498 A, 323, 504, 506, IPC and 3/4 The Dowry Prohibition Act, 1961 and Petitioner no-5 in under section- 498 A, 323, 504, 506, 201 IPC and 3/4 The Dowry Prohibition Act, 1961 on dated-07-02-2022 passed by the Learned Chief Judicial Magistrate Lucknow, and kindly pleased to quash the proceeding based on compromise deed between petitioners and opposite party no.2 (complainant) in charge sheet no- 01, Session Trail case no-1350/2023, case crime no- 24/2021, (State vs Sanjeev Kumar Singh and others) Police Station-PGI, District- Lucknow."

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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. Session Trail case no-1350/2023 (supra),

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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 :- 10.9.2024

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Jyoti/-

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

Sanjeev Kumar Singh and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Sanjeev Kumar Singh and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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