Disposed

Ramnewal and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Allahabad HC24 Oct 2024A482/9642/2024

Case brief

AI extract

What is this about?

In a Section 482 application to quash proceedings under Sections 498A, 323, 504, 506 IPC and DP Act based on an alleged compromise, the High Court directed the lower court to verify the settlement personally before taking further action and restrained coercive steps for six weeks.

What did the court decide?

Direction to the lower court to verify the compromise report before allowing quashing and imposing a six-week stay on coercive action against applicants.

Ramnewal and 2 Others vs State of U.P. Thru. Addl. Chief… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71951

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9642 of 2024

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Applicant :- Ramnewal And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Pravin Kumar Verma,Beant Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Shri Bhola Singh Patel and Shri S.N. Singh, Advocates on behalf of respondent no. 2 is taken on record.

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Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel appearing for respondent no. 2.

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The present application has been filed with a prayer to quash the charge sheet dated 14.05.2018 as well as summoning order dated 24.08.2018 passed in Crl. Case No. 49433 of 2018 arising out of Case Crime No. 541 of 2017, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Ashiyana, District Lucknow as well as its entire proceedings.

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Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them on 05.10.2024 (appended as Annexure No. 4 to the application).

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.

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Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed

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before it, it shall issue notice to all its signatories 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 concerned and the compromise will be made part of the record. The court 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 six weeks or till the verification of the compromise, whichever is earlier, no coercive action shall be taken against the applicants.

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Registry is directed to hand over the original copy of the compromise to the learned counsel for the applicants after taking photocopy of the same.

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Order Date :- 24.10.2024 VKS

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

Ramnewal and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

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Ramnewal and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

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