Disposed

Viresh Singh @ Viresh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC4 Oct 2024A482/9035/2024

Case brief

AI extract

What is this about?

In an application seeking quashing of proceedings initiated under Section 452 IPC regarding a dispute resolved via compromise, the Court directed parties to file a verified compromise deed at the lower court within four weeks before any quashing order is passed.

What did the court decide?

No order was passed on the quashing application; the proceeding was stayed pending verification of compromise at the lower court.

Viresh Singh @ Viresh vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:69060

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9035 of 2024

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Applicant :- Viresh Singh @ Viresh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Anil Kumar Awasthi Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Praveen Kumar Pandey, 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)/petitioner(s) 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 quash the impugned Charge Sheet No.38/2019, dated 18.02.2019, in Case No.7915/2020 (State V/s Viresh), in Crime No.0019/2019, Under Section 452, 323, 504, 506 IPC relating to Police Station -Harpalpur, District-Hardoi, pending in the Additional Chief Judicial Magistrate-II, Hardoi including entire proceedings initiated in pursuance thereof, contained in Annexure No.1 to the Petition.

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It is further prayed that this Hon'ble court may kindly be pleased to quash the entire proceeding of Case No.7915/2020 (State V/s Viresh), in Crime No.0019/2019, Under Section 452, 323, 504, 506 IPC relating to Police Station -Harpalpur, District-Hardoi, pending in the Additional Chief Judicial MagistrateII, Hardoi, on the basis of compromise, in the interest of justice."

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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. 5 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 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 :- 4.10.2024 Vinay/-

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

Viresh Singh @ Viresh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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Viresh Singh @ Viresh v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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