Quashed

Hazi Jakir and Another v. State of U.P. and Another

Allahabad HC28 Sept 2022A482/13773/2022

Case brief

AI extract

What is this about?

This Court quashed the charge sheet, cognizance order, and criminal proceedings in a cheating case under Section 482 Cr.P.C. after verifying that an amicable compromise was entered between the applicant and the State.

What did the court decide?

Quashing of the charge sheet dated 10.7.2020, the cognizance order dated 10.02.2021, and the entire criminal proceedings in Case No. 331 of 2021.

Hazi Jakir and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 13773 of 2022

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Applicant :- Hazi Jakir And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rahul Singh Counsel for Opposite Party :- G.A.,Ashish Kumar

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants and learned counsel appearing on behalf of private respondent as also learned A.G.A..

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 10.7.2020, Cognizance order dated 10.02.2021 as well as the entire proceedings of Case No. 331 of 2021 (State Vs. Hazi Jakir and others), arising out of Case Crime No. 0073 of 2020, under Sections- 420, 406 I.P.C., Police Station- Bhojpur, DistrictMoradabad, pending in the court of Judicial Magistrate, Thakurdwara, District Moradabad.

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This Court vide order dated 2.6.2022 directed the court below to verify the compromise entered into between the parties. The said order is extracted below :

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"1. Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 10.7.2020, Cognizance order dated 10.02.2021 as well as the entire proceedings of Case No. 331 of 2021 (State Vs. Hazi Jakir and others), arising out of Case Crime No. 0073 of 2020, under Sections- 420, 406 I.P.C., Police Station- Bhojpur, District- Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, District Moradabad.

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Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.

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Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the submissions so advanced by learned counsel for the applicants.

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Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order within two weeks and be permitted to file an application for verification of the original compromise. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of six weeks from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.

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Put up as fresh on 27.7.2022 along with the verification report. 7. Till then no coercive measure shall be taken against the applicants in the aforesaid case. "

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It is submitted that in compliance of the order passed by this Court, the trial court has verified the compromise. The verification report is on record.

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Learned counsel for the parties submit that since the parties have amicably settled the dispute outside the court by way of compromise and the compromise has been verified by the court below, therefore, the impugned proceedings are liable to be quashed.

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Learned A.G.A. has no objection to this prayer.

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On due consideration to the submission(s) of parties' counsel, the compromise entered into between the parties as well as the verification report as also the judgment in (2012)10 SCC 303 Gian Singh versus State of Punjab and another, the impugned proceedings are liable to be and are hereby quashed.

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The petition is accordingly disposed of.

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Order Date :- 28.9.2022 kkb.

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Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.29 09:33:08 IST Reason: Location: High Court of Judicature at Allahabad

Hazi Jakir and Another v. State of U.P. and Another

Case brief

What is this about?

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Hazi Jakir and Another v. State of U.P. and Another

Case brief

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