Disposed

Shashi Nath Dubay v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC2 Feb 2024A482/930/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash charge sheet and proceedings for offences under Sections 504, 506, 507 IPC. The Court directed parties to file compromise before the trial court for verification and permitted the applicant to approach this Court again for quashing after verification.

What did the court decide?

Direction to file compromise in trial court; liberty reserved to seek quashing after verification. No coercive action for eight weeks.

Shashi Nath Dubay vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:56567

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 930 of 2024

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Applicant :- Shashi Nath Dubay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Dilip Kumar Pandey,Manoj Kumar Counsel for Opposite Party :- G.A.,Anand Kumar,Devendra

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Hon'ble Saurabh Lavania,J.

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Supplementary affidavit and counter affidavit filed in Court today are taken on record.

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Heard learned counsel for the applicant(s), learned AGA for the State and Shri Vishnu Pratap Singh, Advocate holding brief of Shri Anand Kumar, learned counsel for the private opposite party no. 2.

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This application under Section 482 Cr.P.C. has been filed to quash the, charge sheet, summoning order dated 20.12.2022 passed by the ACIM IV Court No. 28 Lucknow in Case No. 126626/2002, Crime No 132/2022 under Sections 504,506,507 IP.C Police Station- Indira Nagar, District Lucknow North Commissionerate as well as entire proceeding of the Crime No 132/2022.

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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. 1 to the supplementary affidavit filed today. 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 three 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 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 :- 20.8.2024 Mohit Singh/-

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

Shashi Nath Dubay v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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Shashi Nath Dubay v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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