Dismissed

Mohd. Zeeshan and Anr. v. State of U.P. and Anr.

Allahabad HC7 Jul 2023/1619/2018

Case brief

AI extract

What is this about?

An application under Section 482 CrPC sought quashing of proceedings alleging a compromise between parties. The High Court directed the lower court to verify the compromise and prepare a report before allowing further quashing; meanwhile, no coercive action to be taken for one month.

What did the court decide?

No coercive action for one month; direction to lower court to verify compromise and prepare report; leave to refile quashing application upon positive report.

Mohd. Zeeshan and Anr. Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:43996

¶2

Court No. - 12

¶3

Case :- APPLICATION U/S 482 No. - 1619 of 2018

¶4

Applicant :- Mohd. Zeeshan And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Pankaj Gupta,Om Prakash Vishwakarma

¶5

Counsel for Opposite Party :- Govt. Advocate,Anuj Kumar Srivastava

¶6

Hon'ble Rajeev Singh,J.

¶7

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶8

2.The applicants have filed this application for quashing of the charge sheet as well as the order dated 6.3.2016, passed by the Additional Chief Judicial Magistrate, Court No.1, Hardoi in Case No. 279 of 2016, arising out of Case Crime No. 161 of 2015, under Sections 353, 352, 504, 506, 447 IPC, relating to Police Station Sandi, District Hardoi.

¶9

Learned counsel for the applicant submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.A-1 of the supplementary affidavit.

¶10

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.

¶11

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.

¶12

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 applicants to approach this Court again

¶13

for quashing of the proceedings.

¶14

For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.

¶15

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

¶16

Order Date :- 7.7.2023

¶17

Amit/-

¶18

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Zeeshan and Anr. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Mohd. Zeeshan and Anr. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rajan Jaiswal and Others Vs State of U.P. and Others

Abhishek Chaudhary Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Sunil Singh and Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Maheshwari Prasad Pandey Vs State of U.P. Thru. Prin. Secy. Home Govt. Lko. and Another

Ram Bahadur Vs State of U.P. Thru. Secy. Home Civil Secrt. Lko.

Badana Vs State of U.P. Thru. Secy. Home Lko.