Disposed

Smt. Manmeet Kaur and Another v. State of U.P.and Another

Allahabad HC4 Apr 2018A482/28487/2008

Case brief

AI extract

What is this about?

Court granted directions to the trial court to verify and accept a compromise filed within one month leading to acquittal and quashing of proceedings in a non-compoundable case involving allegations of cheating and forgery.

What did the court decide?

Directed the concerned court to verify and accept a compromise filed within one month, pass acquittal order, and quash proceedings in complaint case. Interim order remains till disposal.

Smt. Manmeet Kaur and Another Vs State of U.P.and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 28487 of 2008

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Applicant :- Smt. Manmeet Kaur And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- M.P. Yadav,S.K.Mishra Counsel for Opposite Party :- Govt. Advocate,Amit Kumar,Amit Kumar Chaudhary

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Hon'ble Abhai Kumar,J.

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The learned counsel for the parties are present.

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Supplementary affidavit is being filed along-with the compromise between the applicant and O.P. No. 2.

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It is the submission of the learned counsel for the applicants that the parties have agreed to a compromise and on the basis of the compromise the matter is agreed to be decided/disposed of before the trial court.

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From the perusal of the record it can be inferred that a compliant case was filed by O.P. No.2 against the applicants as well as five other persons. As per complaint, the property of O.P. No. 2 was sold by Smt. Imarti to the applicants. It has been submitted by the learned counsel that applicants who are the purchaser of the property and the complainant Smt. Urmila Devi is agreed to a compromise in regard to the property which has been sold in favour of the applicants. Seeing the facts and circumstances of the case a suitable direction may be issued to the court concerned.

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Accordingly, it is directed that in case within one month from today any compromise is being filed before the court concerned, the same will be verified and accepted by the court even in non compoundable sections, if compromise is as per law. In case the compromise is being verified and

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accepted, then acquittal order on the basis of the compromise will be passed by the court concerned and on the basis of verified and accepted compromise proceedings before the court concerned will stands quashed in complaint case No. 2055 of 2003 Urmila Vs. Emerti and others under sections 420, 465, 467, 471, 120-B I.P.C. Police Station Kotwali Hapur pending before the learned Additional Chief Judicial Magistrate, 1st class, Hapur district Ghaziabad.

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The petition is disposed of accordingly.

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The interim order will remain continue till the disposal of the proceedings of complaint case No. 2055 of 2003 under sections 420, 465, 467, 471, 120-B I.P.C. pending in the court of learned Additional Chief Judicial Magistrate-I, Hapur, District Ghaziabad in case the compromise is being filed as referred above.

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Order Date :- 4.4.2018 N.A.

Smt. Manmeet Kaur and Another v. State of U.P.and Another

Case brief

What is this about?

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Smt. Manmeet Kaur and Another v. State of U.P.and Another

Case brief

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