Neeraj Pandey @ Neeraj v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC25 Oct 2024CRLP/8271/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR under Section 308(5) BNS based on a compromise between the parties. Co-accused Surya Prakash @ Suraj Yadav was impleaded as petitioner no.2 and parties were directed to appear before the Senior Registrar for verification of the compromise deed.

What did the court decide?

Co-accused impleaded as petitioner no.2; compromise verification ordered before Senior Registrar; interim protection continued till next listing.

Neeraj Pandey @ Neeraj vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8271 of 2024

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Petitioner :- Neeraj Pandey @ Neeraj Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others

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Counsel for Petitioner :- Vivek Shukla Counsel for Respondent :- G.A.,Praveen Kumar Pandey

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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(I.A. No.NIL of 2024-Impleadment)

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Heard learned counsel for the parties.

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This is an application for impleadment of other co-accused filed today by learned counsel for the petitioners, which is taken on record.

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Parties have already filed a compromise along with the supplementary affidavit dated 28.11.2024, hence, the prayer is that the other co-accused Surya Prakash @ Suraj Yadav be also permitted to be impleaded as petitioner no.2 in the present writ petition.

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Learned A.G.A. for the State has no objection.

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The impleadment application is allowed . Let necessary correction be made during course of the day.

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(Order on Petition)

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Heard learned counsel for petitioners, learned A.G.A. for the State and Sri Praveen Kumar Pandey, learned counsel for opposite party no.4.

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This petition seeks issuance of a writ for quashing the F.I.R. dated 23.9.2024 bearing Case Crime No.0497 of 2024, under Section 308(5) of B.N.S., 2023, Police Station Gurubuxganj, District Raebareli.

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Learned counsel for the petitioners submits that the matter was sent for verification of compromise, which could not be done as it is found that the compromise has been entered into between the petitioner no.1 and opposite party no.4 as well as one more person whose name is not mentioned in the memo of petition. The said person, namely, Surya Prakash @ Suraj

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Yadav has now been impladed in the writ petition today. The original compromise deed has been filed as Annexure-SA-1 to the supplementary affidavit.

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In view thereof, parties are directed to appear before the Senior Registrar on 6.1.2025 for the purpose of verification of compromise deed as well as parties.

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The Senior Registrar of this Court after due verification shall submit his report before this Court.

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List this case on 9.1.2025 along with the report of the Senior Registrar.

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Interim protection, if any, shall continue till the next date of listing.

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[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]

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Order Date :- 19.12.2024 Sachin

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

Neeraj Pandey @ Neeraj v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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Neeraj Pandey @ Neeraj v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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