Allowed

Adnan Ansari and 2 Others v. State of U.P.and Another

Allahabad HC28 Sept 2022A482/17068/2022

Case brief

AI extract

What is this about?

This Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings and summons. The court noted that the dispute between parties was amicably settled via a verified compromise, thereby warranting the quashing of the case to prevent harassment upon reconciliation.

What did the court decide?

The proceedings in Case No. 250 of 2021 (State vs. Adnan Ansari) arising out of Crime No. 0562 of 2020 were quashed.

Adnan Ansari and 2 Others Vs State of U.P.and… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 86 Case :- APPLICATION U/S 482 No. - 17068 of 2022 Applicant :- Adnan Ansari And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Saima Saher Counsel for Opposite Party :- G.A.,Firoz Haider

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Hon'ble Karunesh Singh Pawar,J.

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Heard Sri Saima Saher, learned counsel for applicants, Sri Firoz Haider, learned counsel for the respondent no.2 as well as Sri S. K. Ojha, learned Additional Government Advocate for State and perused the record.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 02.10.2021 and summoning order dated 02.02.2021, in Case No.250 of 2021(State Vs. Adnan Ansari), arising out of Case Crime No.0562 of 2020, under sections 452, 323, 504, 506, 427, IPC, Police Station Kareli, District Allahabad, pending in the Court of Judicial Magistrate, Court No.4, Allahabad.

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It has been argued by learned counsel for the parties that the dispute between the parties has been amicably settled out side of the court by way of a compromise entered between the parties.

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This Court vide order dated 08.07.2022 directed the parties to appear before the learned trial court for verification of the original compromise entered between the parties. The order dated 08.07.2022 is extracted herein below:-

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

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2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 02.10.2020 and Summoning order dated 02.02.2021 as well as to stay the further proceedings of Case No. 250 of 2021 (State vs. Adnan Ansari), arising out of Case

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Crime No. 0562 of 2020, under Sections- 452, 323, 504, 506, 427 I.P.C., Police Station- Kareli, District- Allahabad, pending in the court of Judicial Magistrate, Court No.4, Allahabad.

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

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4. 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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5. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. 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 two months 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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6. List 28.9.2022.

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7. Till then no coercive measure shall be taken against the applicants."

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In compliance of the aforesaid order dated 08.07.2022 the parties have appeared before the learned trial court, who in the presence of both the parties has verified the original compromise vide its order dated 06.09.2022. The verification order is on record.

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Learned AGA for the State as well as learned counsel for the respondent no.2 could not dispute the aforesaid arguments of

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learned counsel for the applicants.

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On due consideration of the submissions advanced by learned counsel for the parties, perusal of record as well as perusal of the compromise verification order dated 06.09.2022, the application is allowed in view of the law laid down by Hon'ble Supreme Court, in the case of "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303", Narendra Singh and others Vs. State of Punjab and another" reported in "(2014) 6 SCC 466", as well as Prabhatbhai Aahir alias Parbatbhai Bhimsinbhai Karmur and others Vs. State of Gujarat and another, reported in (2017) 9 SCC 641.

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Accordingly, the proceeding of the aforesaid case are quashed.

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Order Date :- 28.9.2022 VKG

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Digitally signed by VIJAY KUMAR GUPTA Date: 2022.09.29 16:51:07 IST Reason: Location: High Court of Judicature at Allahabad

Adnan Ansari and 2 Others v. State of U.P.and Another

Case brief

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Adnan Ansari and 2 Others v. State of U.P.and Another

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