Disposed

Hasan Jamal Khan and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt of Home, Lucknow and Another

Allahabad HC18 Jan 2024/437/2024

Case brief

AI extract

What is this about?

The High Court directed the applicants to file the original deed of compromise before the Special Additional Chief Judicial Magistrate, Lucknow, for verification. Upon verification, the applicants could file a fresh application for quashing. The lower court was given two months to verify and no coercive action was permitted during this period.

What did the court decide?

Applicants directed to file original compromise deed with lower court for verification; coercive action stayed for two months; liberty to file fresh 482 application post-verification.

Hasan Jamal Khan and 2 Others Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5032

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Court No. - 35

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Case :- APPLICATION U/S 482 No. - 437 of 2024

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Applicant :- Hasan Jamal Khan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt Of Home, Lucknow And Another Counsel for Applicant :- Suresh Chandra Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Vakalatnama filed today by Sri Devesh Kumar Mishra, Advocate on behalf of opposite party no.2, is taken on record.

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Heard learned counsel for the applicants, learned counsel for the opposite party no.2 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.84338 of 2023, State Vs Moosha Jamal Khan & Others, arising out of FIR No.0201 of 2023, under Sections-323, 504, 506 IPC, Police Station-Thakurganj, District-Lucknow, pending in the court of learned Special Additional Chief Judicial Magistrate (C.B.I.), Lucknow, as well as chargesheet no.01 of 2023 dated 05.05.2023.

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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 09.10.2023. Copy of the same has been annexed at page no.67 of the paper book.

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Considering the aforesaid submissions, it would be appropriate that the compromise as mentioned above should be verified by the court below and only after verification of the same direction for quashing the

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impugned proceeding can be made. Therefore, applicants are directed to file original deed of compromise before the Special Additional Chief Judicial Magistrate (C.B.I.), 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.84338 of 2023, State Vs Moosha Jamal Khan & Others, arising out of FIR No.0201 of 2023, under Sections-323, 504, 506 IPC, Police Station-Thakurganj, District-Lucknow, pending in the court of learned Special Additional Chief Judicial Magistrate (C.B.I.), 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.67 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

Hasan Jamal Khan and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt of Home, Lucknow and Another

Case brief

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Hasan Jamal Khan and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt of Home, Lucknow and Another

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