Disposed

Idrees v. State of U.P. Thru. Secy. Home Lko. and Another

Allahabad HC8 Jul 2024/5995/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. citing a settlement, the High Court did not immediately quash the proceedings. Instead, it directed the parties to verify the compromise before the trial court within two weeks as a condition for further relief.

What did the court decide?

Directing parties to verify compromise before trial court within two weeks and staying coercive action for six weeks; applicant to approach this Court again after verification.

Idrees Vs State of U.P. Thru. Secy. Home Lko. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46037

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 5995 of 2024

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Applicant :- Idrees Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Mohammad Alishah Faruqi,Ahmad Nabi Khan Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Mohd. Suhail, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record.

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Heard learned counsel for the applicant(s), learned AGA for the State and perused the record.

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Instant application under Section 482 Cr.P.C. has been preferred by the applicant(s)/petitioner(s) for quashing the Charge Sheet No. 01 dated 10.03.2022 in FIR No. 47 of 2021, bearing Criminal Case No. 84773 of 2022, under Section 498-A, 504 IPC & 3/4 D.P. Act, PS-Kakori, District-Lucknow, pending before the Court of ACJM -VI, District-Lucknow as also the summoning order dated 08.09.2022.

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Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 3 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Considering the aforesaid, this application is disposed of finally in following terms:-

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(i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within two week's

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from today.

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(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

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(iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order.

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(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

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(v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings.

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(vi) Office is directed to provide original compromise to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court.

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(vii) For a period of six weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.

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Order Date :- 8.7.2024 Vinay/-

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Idrees v. State of U.P. Thru. Secy. Home Lko. and Another

Case brief

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Idrees v. State of U.P. Thru. Secy. Home Lko. and Another

Case brief

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