Disposed

Aurangjeb Khan v. State of U.P. and Another

Allahabad HC6 Nov 2023A482/40872/2023

Case brief

AI extract

What is this about?

The High Court disposed of aSection 482 Cr.P.C. application seeking quashing of criminal proceedings due to amicable settlement, directing parties to verify the compromise deed with the lower court while staying coercive measures.

What did the court decide?

Stay of coercive measures for five weeks pending verification of compromise by trial court; applicant may file fresh application later.

Aurangjeb Khan Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:212636

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 40872 of 2023

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Applicant :- Aurangjeb Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijai Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; Sri Rakesh Kumar, Advocate, who has filed Vakalatnama on behalf of opposite party no. 2 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 entire proceedings of Case No.5276 of 2016 (State Vs. Aurangjeb Khan) arsing out of case crime no. 1108 of 2015, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Taryasujan, District Kushinagar, pending in the court of Chief Judicial Magistrate, Kushinagar.

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It has been contended by learned counsel for the applicant that the applicant and opposite party no. 2 have amicably settled their dispute and entered into a compromise. A copy of the compromise deed entered into between the parties has been reduced in writing is annexed as Annexure no. 4 to the present application, hence the proceeding against the applicants be quashed.

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Learned AGA does not dispute the correctness of the facts.

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Accordingly, it is provided that the parties shall appear before the court below with compromise deed along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court 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. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

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

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For a period of five weeks, no coercive measure shall be taken against the applicants.

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Order Date :- 6.11.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Aurangjeb Khan v. State of U.P. and Another

Case brief

What is this about?

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Aurangjeb Khan v. State of U.P. and Another

Case brief

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