Rahul Gautam v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Allahabad HC24 Oct 2024A482/9241/2024

Case brief

AI extract

What is this about?

This application under Section 482 CrPC sought quashing of proceedings alleging a compromise. The High Court directed the trial court to verify the compromise deed in presence of parties before deciding quashing, restrained coercive action temporarily, and dismissed the application by disposition.

What did the court decide?

No coercive action for one month; trial court to verify compromise before deciding quashing application.

Rahul Gautam Vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:72431

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9241 of 2024

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Applicant :- Rahul Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Mewa Ram Satyarthi,Arvind Kumar Bhandari Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant application has been filed for quashing the impugned charge-sheet dated 20.03.2024 and cognizance order dated 24.06.2024 arising out of Case Crime No. 0038/2024 U/s 376, 504, 506 I.P.C., Police Station- Indira Nagar, DistrictLucknow pending before learned Special A.C.J.M. (С.В.І.) Α.Ρ., Lucknow, and entire proceedings thereof.

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Learned counsel for the applicant submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.10 to the application.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

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The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings.

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For a period of one month, no coercive action shall be taken

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against the applicant in the aforesaid case.

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Office is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same.

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Order Date :- 24.10.2024 Arpan

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

Rahul Gautam v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Case brief

What is this about?

What did the court decide?

Rahul Gautam v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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