Disposed

Shivsahay and Others v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Home, Lko. and Another

Allahabad HC11 Sept 2024A482/8165/2024

Case brief

AI extract

What is this about?

This High Court disposed of an application under Section 482 CrPC seeking quashing of criminal proceedings based on alleged amendment settled compromise. The Court directed parties to appear before the Trial Court within four weeks to file and verify the compromise deed. Coercive action was stayed for eight weeks pending this process.

What did the court decide?

Interim stay on coercive action for eight weeks; parties directed to appear before Trial Court within four weeks to verify and submit compromise deed.

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

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Neutral Citation No. - 2024:AHC-LKO:62640

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8165 of 2024

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Applicant :- Shivsahay And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Brij Bhushan Singh,Pranjal Apurva,Sandeep Kumar Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Bheem Singh, 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 graciously be pleased to quash Chargesheet dated 13/11/2014 having number 79A/14 vide case crime number 224A/2014 under Sections 323, 325 & 506 of IPC 1860 and the order of cognizance and summoning order dated 11.05.2015 passed by the concerned learned Magistrate of Junior division. This Hon'ble Court further discharge the Petitioner from all the charges framed against him."

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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 Crime No. 224A/2014 (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

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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 :- 11.9.2024

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Jyoti/-

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

Shivsahay and Others v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Home, Lko. and Another

Case brief

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Shivsahay and Others v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Home, Lko. and Another

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