Disposed

Rajol Shukla and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC18 Mar 2024CRLA/924/2024

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AI extract

What is this about?

In an appeal against a proceedings under the SC/ST Act, the Court directed the lower court to verify the alleged compromise and obtain personal presence of signatories. Coercive actions are stayed for one month, and the appeal is disposed of with liberty to approach this Court again after verification.

What did the court decide?

Stay of coercive action for one month; direction to verify compromise; liberty to approach this Court again after verification.

Rajol Shukla and 3 Others vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:23482

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 924 of 2024

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Appellant :- Rajol Shukla And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Narendra Kumar Counsel for Respondent :- G.A.,Manoj Kumar Gupta

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Hon'ble Rajeev Singh,J.

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Supplementary counter affidavit filed by Sri Manoj Kumar Gupta, learned counsel for the respondent is taken on record.

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

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The instant appeal has been filed against the order dated 16.12.2021 passed in Session Case No.2133 of 2021, State Vs. Arvind Bajpai @ Neetu & Ors. by the court of Special Judge, SC/ST Act, Lucknow, charge sheeted under Sections 147, 148, 149, 323, 427, 506 I.P.C. and Section 3(1)(dha) of SC/St Act, Police Station Krishna Nagar, Lucknow.

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Learned counsel for the appellants submit 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.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 as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, the present appeal is disposed of with a direction to the 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 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 appellants 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 against the appellants in the aforesaid case.

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

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Order Date :- 18.3.2024 Gaurav/-

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

Rajol Shukla and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Rajol Shukla and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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