Disposed

Smt. Bilkish and 8 Others v. State of U.P. and Another

Allahabad HC8 Aug 2023A482/28675/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. seeking to quash criminal proceedings based on a compromise. The Court remitted the verification of the compromise to the trial court and stayed coercive measures against the applicant pending final disposal.

What did the court decide?

Application disposed; file certified copy of order and original compromise at trial court within two weeks; stay coercive measures for two months or until final order.

Smt. Bilkish and 8 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:159396

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Court No. - 4

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Case :- APPLICATION U/S 482 No. - 28675 of 2023

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Applicant :- Smt. Bilkish And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the summoning order dated 26.09.2022 as well as entire proceeding of Case No.59 of 2019 (Smt. Reshma vs. Shahrukh & others) under Sections 498-A, 323, 504, 506, 377 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District -Agra on the basis of compromise dated 03.04.2023.

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It is stated in paragraph-21 of the affidavit that during the pendency of present Criminal case due to intervenes of well wishers, relatives and friends the compromise has taken place between the parties. Compromise affidavit in this regard was duly filed by the parties, copy of which is dated 03.04.2023 is appended as Annexure-6 to the Application.

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Shri Abhishek Srivastava, learned counsel filed a short counter affidavit on behalf of opposite party no.1. This fact has been admitted by him in paragraph-4 of the short counter affidavit. Along-with the short counter affidavit, the same copy of the compromise was also appended.

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In this view of the matter, it is argued that the court below is directed to quash the proceedings initiated against the opposite parties.

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Learned AGA appearing for the opposite party no. 1 does not dispute the correctness of the aforesaid submission made by learned counsel for the applicants.

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Accordingly, it is provided that the parties shall appear before the court below and file a certified copy of this order within two

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weeks, along with the original copy of the compromise dated 03.04.2023. It is, therefore, expected that the court below may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks.

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In view of the above, the present application is disposed of.

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For a period of two months or till the final order passed on the compromise application by the court below whichever is earlier, no coercive measure shall be taken against the applicant.

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In case, the applicants are still aggrieved or if no action is taken, it will be open for the applicant to approach this Court afresh.

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Order Date :- 8.8.2023

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Swati

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Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad

Smt. Bilkish and 8 Others v. State of U.P. and Another

Case brief

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Smt. Bilkish and 8 Others v. State of U.P. and Another

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