Allowed

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

Allahabad HC21 May 2024/2692/2024

Case brief

AI extract

What is this about?

Single judge allowed an application under Section 482 CrPC quashing criminal proceedings pending in Junior Metropolitan Magistrate Court, Lucknow, as the parties entered into compromise and verified it before the trial court invoking nuclear principle laid down in Gian Singh Vs. State of Punjab.

What did the court decide?

The proceedings of Criminal Case NO-43831/2020 (State versus Shaiba Zaidi & others) pending in the Court of J.M.-II, Lucknow are hereby quashed.

Shaiba Zaidi 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:38512

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 2692 of 2024 Applicant :- Shaiba Zaidi And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. And Another

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Counsel for Applicant :- Shahid Raza Counsel for Opposite Party :- G.A.,Amiruddin Khan

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State as well as Mohd. Amiruddin Khan learned Advocate learned counsel for respondent no. 2.

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Learned counsel for the parties submit that compromise was entered between the parties and vide order dated 21.11.2023, both the parties were directed to appear before the concerned court/trial court for verification of the compromise deed which is on record as Annexure No. 4 to the petition. In compliance of the said order, the petitioners as well as respondent no. 2 were present before the A.C.J.M. Court no. 20, Lucknow and in their presence the compromise entered between the parties has been verified by the A.C.J.M, Court No. 20, Lucknow vide order dated 29.11.2023 which is on record as Annexure No. 6 to the petition.

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Learned counsel for the parties submit that since the parties have amicably settled their dispute outside the Court by entering into compromise and the said compromise has been verified under the order of the Court, hence, in view of the law laid down by the Supreme Court in the case of "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303" , the proceedings impugned are liable to be quashed.

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Learned A.G.A. has no objection to this prayer.

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In view of the above and considering the law laid down by the

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Supreme Court in the case of "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303" , as well as the fact that the compromise entered between the parties has been verified vide order dated 29.11.2023 by A.C.J.M. Court no. 20, Lucknow, the proceedings of Criminal Case NO-43831/2020 (State versus Shaiba Zaidi &others) arising out of case crime No.- 320/2020 under section 352, 504, 506 L.P.C Police station -Para. District- Lucknow, pending in the Court of J.M.-II, Lucknow are hereby quashed.

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The petition is allowed .

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Order Date :- 21.5.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

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

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

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