Disposed

Azmat Ali @ Bhoori v. State of U.P. and Anr.

Allahabad HC5 Oct 2023/2498/2021

Case brief

AI extract

What is this about?

Applicant sought to quash summons order and challenge charge sheet alleging false implication and citing a compromise deed. Court disposed of application, directing lower court to verify compromise deed and stay proceedings for one month pending verification before quashing can be considered.

What did the court decide?

Application disposed of with stay of proceedings for one month and direction to lower court to verify compromise deed.

Azmat Ali @ Bhoori Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2023)

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 2498 of 2021

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Applicant :- Azmat Ali @ Bhoori Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A.,Alok Kr. Misra

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Hon'ble Shree Prakash Singh,J.

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Sri Ajey Singh, learned counsel for the applicant, Sri Suresh Kumar Pandey, Advocate, holding brief of Sri Alok Kumar Mishra, learned counsel for opposite party no.2 as well as Smt. Nusrat Jahan, learned A.G.A. for the State and perused the record.

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The instant application has been filed with a prayer to set aside the summoning order dated 15.12.2020 passed by Additional Chief Judicial Magistrate Bahraich in Case No.13938 of 2020 (State Vs Azmat Ali @Bhoori and others) Under Sections 420, 467, 468, 471 I.P.C, Police Station- Dargah Sharif, District- Bahraich, arising out of F.I.R No.307 of 2020 and also challenging Charge Sheet No.01 dated 14.12.2020 filed in the aforesaid case crime number.

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The learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated. He next added that in fact under certain misconception, the FIR has been lodged against the present applicant and she has never involved in committing the same as has been mentioned in the FIR. He added that since there is no dispute in between the parties and the parties have entered into a compromise deed on 02.09.2023 and therefore further criminal proceeding against the applicant would be a futile exercise and would amount to harassment of the present applicant.

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The learned counsel appearing for the opposite party no.2 submits that instruction has been given by the son of the opposite party no.2 that the parties have settled their dispute amicably by way of compromise deed dated 02.09.2022. He has explained this fact by way of supplementary affidavit filed, therefore, his submission is that further criminal proceeding against the applicant would be a futile exercise and would amount to harassment of the present applicant.

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Learned counsel for the State also has no objection to the contention aforesaid.

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Considering the submissions aforesaid, whether a compromise has taken place or not can best be ascertained by

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the court where the proceedings are pending, after ensuring the presence of the parties before it.

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In view of the aforesaid submissions, the instant application is disposed of with the direction to the court below concerned that if any such compromise deed is filed, the court below shall issue notice to all the signatories of the compromise deed requiring their presence before it to verify the contents of the compromise and if the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared within one month and the parties would be allowed to obtain certified copy thereof. If such verification is successfully done, then the applicant would have liberty to approach this Court for quashing of the criminal proceedings.

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For the period of one month, further proceedings of the aforesaid criminal case shall remain stayed.

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Office is directed to return the original/certified copy(s) of compromise deed(s), if any, to the applicant within one week.

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Order Date :- 5.10.2023 Manoj K.

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

Azmat Ali @ Bhoori v. State of U.P. and Anr.

Case brief

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Azmat Ali @ Bhoori v. State of U.P. and Anr.

Case brief

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