The Allahabad High Court, beat by J. Sanjay Kumar Singh, dismissed an application under Section 482 Cr.P.C. as withdrawn by the applicants, granting liberty to file a fresh application with better particulars.
Application dismissed as withdrawn; liberty granted to file fresh application with better particulars.
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Neutral Citation No. - 2023:AHC:193650
Court No. - 88
Case :- APPLICATION U/S 482 No. - 29024 of 2023
Applicant :- Saiyed Ali Jafar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Naim Siddiqui,Prem Shankar Sharma Counsel for Opposite Party :- G.A.,Avaneendra Kumar
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State of U.P.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 16.04.2019 and proceedings of complaint case no. 8480 of 2018 (Smt. Taskeem Fatima vs. Ali Jafar and others) , under Sections 498A, 323, 504, 506 I.P.C. and Sections 3/4 of D.P. Act, Police Station Utaraon, District Prayagraj pending in the court of Additional Chief Judicial Magistrate-10, Allahabad on the basis of compromise.
At the outset, learned A.G.A. submits that there are four accused persons namely Ali Jafar, Samim Bano, Ali Kausar and Ali Shakil but in the compromise application dated 27.04.2023, name of only Ali Jafar is mentioned. It is also pointed out that the accused Ali Jafar, Samim Bano and Ali Kausar have been summoned under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 D.P. Act whereas accused Ali Shakil has been summoned under Sections 498-A, 354, 323, 504, 506 I.P.C. and Sections 3/4 D.P. Act but in the compromise application, only one Section i.e. 498-A is mentioned.
In response, learned counsel for the applicants submits that the applicants do not want to press this application, therefore, the applicants may be allowed to withdraw this application to file a fresh application with better particulars.
In view of the statement made by Mr. P.S. Sharma, learned counsel for the applicants at the Bar, the
instant application is dismissed as withdrawn with the aforesaid liberty.
OfÏce is directed to return the certified copy of the documents, if any, to the counsel for the applicants within three days' after retaining the xerox copy of the same on record.
Order Date :- 9.10.2023 Saurabh
Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether to allow withdrawal of the application for quashing criminal proceedings on the basis of compromise.
1 provisions across 1 enactments
Saiyed Ali Jafar
State Of U.P.
Sanjay Kumar Singh
Saurabh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
