Allowed

Manzoor Ahmad and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Allahabad HC10 Jan 2024/168/2024

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 CrPC to quash a charge sheet and ongoing criminal proceedings. The court accepted that the parties had entered into a valid compromise resolving a property dispute, verified by the trial court, leading to the quashing of the case arising from IPC offences of assault, threat, criminal intimidation, and criminal force.

What did the court decide?

Quashing of Charge Sheet No. 244/2009 and all proceedings in Case No. 7983 of 2009 arising from Crime No. 351/2009.

Manzoor Ahmad and 2 Others Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2542

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 168 of 2024 Applicant :- Manzoor Ahmad And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another

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Counsel for Applicant :- Satyendra Nath Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Satyendra Nath Pandey, the learned counsel for the applicants and Sri Gyanendra Singh, the learned A.G.A for the State and Sri Pradeep Chaurasia, the learned counsel for the opposite party no. 2.

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The instant application has been filed under Section 482 Cr.P.C, the applicants have sought quashing of the charge sheet No. 244/2009 as well as the entire proceedings of Case No. 7983 of 2009 arising out of Case Crime No. 351/2009, under Sections 323, 308, 452, 504, 506 I.P.C, Police Station Qaiserbagh, District Lucknow, which is pending before the court of Additional Chief Judicial Magistrate- Ist, Lucknow.

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The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 16.11.2023, a copy whereof has been annexed with the affidavit.

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The applicants had filed an application under section 482 Cr.P.C. No. 12105 of 2023, which was disposed of by means of an order dated 13.12.2023 directing the trial court to verify the compromise. The compromise has been verified by means of an order dated 21.12.2023 passed by the learned Additional Chief Judicial Magistrate- Ist, Lucknow in case no. 7983 of 2009. It is stated in the compromise that the parties are related to each

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other and the F.I.R was lodged because of some property dispute, which has been resolved and the opposite party no.2 does not want any further proceedings against the applicant.

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Sri Pradeep Chaurasia, the learned counsel for the opposite party no. 2 has supported the prayer made by the applicant and has given his consent for proceedings being quashed on the basis of compromise.

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Accordingly, the application is allowed and the charge sheet No. 244/2009 as well as the entire proceedings of Case No.7983 of 2009 arising out of Case Crime No. 351/2009, under Sections 323, 308, 452, 504, 506 I.P.C, Police Station Qaiserbagh, District Lucknow are hereby quashed.

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(Subhash Vidyarthi,J.)

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Order Date :- 10.1.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Manzoor Ahmad and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Case brief

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Manzoor Ahmad and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Case brief

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