Disposed

Mohd. Saif Khan v. State of U.P. Prin. Secy. Home, Civil Sectt. Lko. and Others

Allahabad HC16 Feb 2023/1515/2023

Case brief

AI extract

What is this about?

Held that before quashing criminal proceedings based on a compromise, the court below must verify the compromise in the presence of signatories. Pending verification, proceedings are stayed.

What did the court decide?

Stayed proceedings against applicant for one month with directions to trial court to verify compromise and issue notices to signatories.

Mohd. Saif Khan Vs State of U.P. Prin. Secy. Home, Civil… — Quashing and FIR | Allahabad HC (2023)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1515 of 2023

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Applicant :- Mohd. Saif Khan Opposite Party :- State Of U.P. Prin. Secy. Home, Civil Sectt. Lko. And Others Counsel for Applicant :- Irshad Ali Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Sri Syed Suleman Abbas,Advocate, has put in appearance by way of filing Vakalatnama and filed Counter AfÏdavit on behalf of opposite parties no. 2 & 3 and the same is taken on record.

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Heard learned counsel for the applicant, Sri Syed Suleman Abbas, learned counsel for opposite parties nos. 2 & 3, Sri Girijesh Kumar Dwivedi, learned A.G.A. for the State and perused the record.

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The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Sessions Trial No. 1133 of 2018, under sections 363,366,506 I.P.C. pending in the Court of ADJ/FTC-1, Lucknow relating to Chargesheet No. 01 of 2018, Police StationWazirganj, District-Lucknow.

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Learned counsel appearing for the applicant submits that due to some misunderstanding, the instant F.I.R. has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 06-12-2022, which has been annexed as annexure no. 2 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicant may be quashed.

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On the other hand, learned counsel appearing for the opposite parties no. 2 & 3 has supported the version of the learned counsel for the applicant and submits that the parties have settled their

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dispute amicably through a compromise deed and there is no further grievance of the opposite party no. 2 against the present applicant and the criminal proceedings against the applicants may be dropped.

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Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

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Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

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The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings.

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For a period of one month, the proceedings initiated in pursuance of the Sessions Trial No. 1133 of 2018, under sections 363,366,506 I.P.C. pending in the Court of ADJ/FTC-1, Lucknow relating to Chargesheet No. 01 of 2018, Police Station-Wazirganj, District-Lucknow, shall remain stayed so far as applicant is concerned.

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OfÏce is directed to return the original compromise deed to the learned counsel for the applicant, if any, after taking the photocopy of the same.

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Order Date :- 16.2.2023

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AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Saif Khan v. State of U.P. Prin. Secy. Home, Civil Sectt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Mohd. Saif Khan v. State of U.P. Prin. Secy. Home, Civil Sectt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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