Disposed

Taufique @ Nanhe v. State of U.P. and 2 Others

Allahabad HC6 Oct 2023A482/28363/2023

Case brief

AI extract

What is this about?

On an application seeking quashment of criminal proceedings under S. 482 Cr.P.C., the High Court directed the trial court to verify a submitted compromise deed. The High Court adjourned the application to allow filing a formal compromise application and directed non-coercive action during verification.

What did the court decide?

Time adjourned to file compromise application; trial court to verify compromise; no coercive action pending verification; main application disposed of.

Taufique @ Nanhe Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:192758

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 28363 of 2023

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Applicant :- Taufique @ Nanhe Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Santosh Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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2-This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet No. 428 of 2018 dated 28.10.2018, cognizance order dated 21.08.2019 passed by Additional Chief Judicial Magistrate, Sambhal at Chandausi and proceedings of Sessions Trial No. 621 of 2019 (State Vs. Taufiq @ Nanhe) arising out of Case Crime No. 536 of 2018, under Section 368 I.P.C., Police Station-Bahjoi, District-Sambhal, pending in the Court of Additional District and Sessions Judge/F.T.C., Sambhal at Chandausi.

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3-It is submitted by the learned counsel for the applicant that with regard to an incident which took place on 11.08.2018, opposite party no.2 who is father of the victim lodged F.I.R. on 29.08.2018 against Mohammad Hussain and Taufique @ Nanhe making allegations inter alia that co-accused Mohammad Hussain enticed away his minor daughter and so far as allegation against the present applicant Taufique @ Nanhe is concerned, it is a case of the prosecution that victim was stayed at the house of the present applicant. Investigating OfÏcer after culmination of investigation submitted chargesheet against the applicant whereas on the basis of statement of victim under Section 164 Cr.P.C., coaccused Mohammad Hussain was exonerated as victim did not support the prosecution case. It is also submitted that the applicant and opposite party no.2 have settled their dispute outside the Court and a

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compromise deed has been prepared in this regard and a copy of the same has been brought on record as Annexure No. 12 of this application.

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4-It is submitted that no compromise application has yet been filed before the concerned court below, where criminal proceeding is pending against the applicant and requested to allow the applicant to move compromise application before the concerned court below.

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

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6-On the request made by learned counsel for the applicant three weeks' time is allowed to the applicant to file compromise application before the concerned court below.

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7-Accordingly, the concerned Court below is directed that in case such compromise application is filed by the applicant before it within aforesaid period, 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. 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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8-Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicant in the aforesaid case.

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9-With the aforesaid directions the application stands disposed of .

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Order Date :- 6.10.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Taufique @ Nanhe v. State of U.P. and 2 Others

Case brief

What is this about?

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Taufique @ Nanhe v. State of U.P. and 2 Others

Case brief

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