Disposed

Amit Prakash and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC7 Jan 2025/47/2025

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C./Section 528 BNSS to quash proceedings in Criminal Case No. 38504/2020 arising from an FIR charging offences under IPC Sections 498A, 323, 504, 506 and the Dowry Prohibition Act, on the basis of a compromise between the parties. Court directed parties to file compromise before concerned court for verification within set timelines, permitted later approach for q

What did the court decide?

Parties to file compromise before concerned court within four weeks; verification ordered; certified copies permitted; no coercive action for eight weeks; liberty to re-approach for quashing.

Amit Prakash and 2 Others Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:1111

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 47 of 2025

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Applicant :- Amit Prakash And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Utkarsh Misra Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Mohan Lal, Advocate has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record.

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Heard learned counsel for the applicant(s), learned AGA for the State and learned counsel for the private-opposite party.

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Instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed seeking following main relief:

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"To quash the entire proceeding of Criminal Case No. 38504/2020 (State Vs Amit Prakash and Others) arising out of F.I.R. No. 528 of 2019, U/S 498A, 323 504,506 I.P.C and 3/4 Dowry Prohibition Act, Police StationGudamba, District- Lucknow, on the basis of compromise, in the interest of justice."

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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. 3 to the present application. 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 four 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 :- 7.1.2025

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Mohit Singh/-

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

Amit Prakash and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Amit Prakash and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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