Disposed

Smt. Mobeena and 4 Others v. State of U.P. and Another

Allahabad HC3 Mar 2023A482/4501/2023

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. sought quashing of QI and summons based on compromise. Court directed parties to verify compromise before the trial court within two months. No coercive action allowed till verification. Application disposed without ultimate quashing.

What did the court decide?

Direction to parties to verify compromise deed before trial court within two weeks; stay of coercive action pending verification; application disposed without final order on merits.

Smt. Mobeena and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 4501 of 2023

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Applicant :- Smt. Mobeena And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Mr. Rahul Rathi, learned counsel has filed his vakalatnama on behalf of the opposite party no.2 today in the court today, which is taken on record.

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Heard Mr. Rajendra Kumar Pandey, learned counsel for the applicants, Mr. Rahul Rathi, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 26.01.2020 and cognizance/summoning order dated 13.07.2020 as well as the entire proceedings of Case No.10407 of 2020 (State vs. Mobina and Others) arising out of Case Crime No.106 of 2019, under Sections 420, 467, 468, 471, 120 IPC, Police Station-Loni, District-Ghaziabad on the basis of compromise.

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Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them. In this regard, an application alongwith compromise deed on behalf of both the parties has been filed before the court below stating therein that they have entered into compromise and they do not want to press the case, copy of said application has been annexed as Annexure no.4 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law.

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Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.

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In view of the above, both the parties are directed to appear before the court below along with an application for verification

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of the compromise deed as well as a certified copy of this order within two weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

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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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Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 3.3.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Smt. Mobeena and 4 Others v. State of U.P. and Another

Case brief

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Smt. Mobeena and 4 Others v. State of U.P. and Another

Case brief

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