Disposed

Mushahid Ui Islam Hassan Khan @ Farzan Khan and 2 Other v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Allahabad HC25 Jul 2023/7171/2023

Case brief

AI extract

What is this about?

This High Court disposed of an application to quash criminal proceedings under Section 482 CrPC based on an alleged compromise, directing the trial court to verify the settlement personally. The court stayed coercive action but deferred final relief until the lower court prepares a report on verified signatures.

What did the court decide?

Granted two weeks stay from coercive action; directed trial court to verify compromise before allowing quashing.

Mushahid Ui Islam Hassan Khan @ Farzan Khan and 2 Other Vs… — Arbitration | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:48734

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 7171 of 2023

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Applicant :- Mushahid Ui Islam Hassan Khan @ Farzan Khan And 2 Other Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Aftab Alam Malik Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Shri Sushil Mishra, Advocate on behalf of respondent no. 2 is taken on record.

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Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel appearing for respondent no. 2 and perused the record.

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The present application has been filed with the prayer to quash the charge sheet dated 22.09.2022, as well as summoning order dated 30.11.2022 passed in Criminal Case No. 122050 of 2022 arising out of F.I.R. No. 109 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Chowk, District Lucknow and its entire proceedings, in the light of compromise dated 26.05.2023 taken place between the parties.

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Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 26.05.2023 (Original copy of the same is appended as Annexure No. 4 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, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.

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Accordingly, the application is disposed of with direction

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to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories 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. 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 two weeks, no coercive action shall be taken against the present applicants.

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Registry is directed to hand over the original copy of the compromise to the learned counsel for the applicants after taking photocopy of the same.

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Order Date :- 25.7.2023 VKS

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

Mushahid Ui Islam Hassan Khan @ Farzan Khan and 2 Other v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Mushahid Ui Islam Hassan Khan @ Farzan Khan and 2 Other v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

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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