Disposed

Jitendra Kumar Tiwari v. State of U.P. Thru. Secy. Home Lko. and Another

Allahabad HC24 Oct 2024A482/9649/2024

Case brief

AI extract

What is this about?

High Court disposed of Section 482 application by directing the trial court to verify the alleged compromise before taking further action in the case arising from FIR 383 of 2019.

What did the court decide?

No immediate quashing; stay of coercive action for six weeks until lower court verifies compromise; application dismissed as not appropriate for final quashing at this stage.

Jitendra Kumar Tiwari vs State of U.P. Thru. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71953

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9649 of 2024

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Applicant :- Jitendra Kumar Tiwari Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Kumar Gaurav Srivastav Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Shri Suneel Kumar Mishra, Advocate on behalf of respondent no. 2 is taken on record.

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Heard learned counsel for the applicant, 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 entire proceedings of Case No. 14507 of 2019 arising out of F.I.R. No. 383 of 2019, under Sections 504, 506 I.P.C., P.S. Kotwali Rudauli, District Ayodhya.

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Learned counsel for the applicant submits that the parties have amicably settled their dispute and a compromise has been arrived between them on 21.10.2024 (appended as Annexure No. 3 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 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

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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 applicant.

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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

Jitendra Kumar Tiwari v. State of U.P. Thru. Secy. Home Lko. and Another

Case brief

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Jitendra Kumar Tiwari v. State of U.P. Thru. Secy. Home Lko. and Another

Case brief

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