Disposed

Arif Mansoori and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Allahabad HC14 Jul 2023/4618/2023

Case brief

AI extract

What is this about?

High Court disposed of Application u/s 482 seeking quashment based on a filed compromise, directing the lower court to verify the settlement via court summons rather than deciding the instant application. No coercive action allowed for one month.

What did the court decide?

Application disposed of with direction to lower court to verify compromise by summoning signatories; no coercive action for one month.

Arif Mansoori and Another Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC-LKO:46012

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 4618 of 2023

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Applicant :- Arif Mansoori And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Pal Singh Yadav,Prathama Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Supplementary afÏdavit filed by learned counsel for the applicant is taken on record.

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

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The instant application has been filed for quash the impugned order dated 19.1.2023 passed in Criminal Case No.50589/2020 arising out of Case Crime No.537 of 2019 under Sections 323, 506 I.P.C. Police Staton Gazipur, Lucknow as well as charge shet dated 16.7.2019 and summoning order dated 7.12.2020.

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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.S.A.1 to the application.

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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

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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 applicants to approach this Court again for quashing of the proceedings.

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

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

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Order Date :- 14.7.2023 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Arif Mansoori and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

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Arif Mansoori and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko.

Case brief

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