Disposed

Smt. Saima Arif and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lucknow and 3 Others

Allahabad HC18 Jan 2024/410/2024

Case brief

AI extract

What is this about?

The court directed the applicant to file the original compromise deed before the lower court for verification. Upon verification, the applicant may file a fresh application to quash proceedings. No coercive action will be taken against the applicant for two months.

What did the court decide?

Directing applicant to file original compromise deed for lower court verification; stay of coercive action for two months.

Smt. Saima Arif 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:5005

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Court No. - 35

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Case :- APPLICATION U/S 482 No. - 410 of 2024

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Applicant :- Smt. Saima Arif And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow And 3 Others

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Counsel for Applicant :- Akhilesha Nand Pandey,Ravi Kant Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Learned counsel for the applicants is permitted to correct the prayer clause, during the course of the day.

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Vakalatnama filed today by Sri Mayank Pandey, learned Advocate, on behalf of opposite party nos.2, 3 and 4, is taken on record.

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Heard learned counsel for the applicants, learned counsel for the opposite party nos.2, 3 and 4 and learned AGA 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.122232 of 2022, arising out of case crime no.194/2022, under Sections323, 504, 506 IPC, Police Station-Chock, DistrictLucknow, pending in the court of learned Additional Chief Judicial Magistrate Vth, Lucknow.

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Contention of learned counsel for the applicants is that both the parties have settled their dispute amicably which was also reduced into written compromise dated 11.12.2023. Original copy of the same has been annexed at page no.38 of the paper book. This fact is not disputed by learned counsel for the opposite party nos.2, 3 and 4.

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Considering the aforesaid submissions and on perusal of record, it would be appropriate that the compromise as

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mentioned above should be verified by the court below and only after verification of the same direction for quashing the impugned proceeding can be made. Therefore, applicants are directed to file original deed of compromise before the learned Additional Chief Judicial Magistrate Vth, Lucknow, within a period of 15 days, then the same shall be verified by the court below after summoning the parties and on verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the verified compromise.

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It is further provided that on verification of the aforesaid compromise, applicants are at liberty to file a fresh 482 application for quashing the impugned proceeding on the basis of the verified compromise.

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It is further directed that the court below will complete the proceeding of verification of compromise within a period of two months and for a period of two months, no coercive action shall be taken against the applicants in Case No.122232 of 2022, arising out of case crime no.194/2022, under Sections-323, 504, 506 IPC, Police Station-Chock, District-Lucknow, pending in the court of learned Additional Chief Judicial Magistrate Vth, Lucknow.

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With the aforesaid directions, the present application is disposed of.

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Office is directed to return the original copy of the compromise deed annexed at page no.38 of the paper book to the learned counsel for the applicants, after retaining the photocopy of the same.

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Order Date :- 18.1.2024 S.Chaurasia

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Saima Arif and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lucknow and 3 Others

Case brief

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Smt. Saima Arif and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lucknow and 3 Others

Case brief

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