Disposed

Aftab Alias Md. Aftab and Another v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another

Allahabad HC14 Aug 2024/7173/2024

Case brief

AI extract

What is this about?

This single-judge order dismissed an application for quashing criminal proceedings under Section 482 Cr.P.C. The court held that the genuineness of the alleged compromise must be verified by the trial court in the presence of parties. The proceedings were disposed of by adjourning them for verification of the compromise deed. No coercive action was to be taken for six weeks.

What did the court decide?

No final relief on quashing; adjourned for trial court verification of compromise deed and stayed coercive action for six weeks.

Aftab Alias Md. Aftab and Another Vs State of… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:56026

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7173 of 2024

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Applicant :- Aftab Alias Md. Aftab And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Counter affidavit filed on behalf of opposite party no.2, which is taken on record.

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Heard learned counsel for the applicants, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record.

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The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:-

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"For the facts, reasons and circumstances stated in the accompanying Affidavit, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash/set-aside the entire proceedings initiated against the petitioners in pursuance of the impugned charge sheet dated 27.1.2024 arising out of Case Crime No.762/2023, (in respect of petitioner no.1 under sections-323, 506, 376 IPC and in respect of petitioner no.2 under sections 323, 506 IPC), Police Station Laharpur, District Sitapur as well as summoning/ cognizance order dated 27.2.2024 passed by the learned Additional Chief Judicial Magistrate-1, Sitapur in Criminal Case/S.T. No.643/2024 (State Versus Aftab & Another) as contained in Annexure No.1 & 2 respectively to this petition in terms of the compromise deed dated 15.7.2024 in the interest of justice.

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It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings initiated against the petitioners in pursuance of the impugned charge sheet dated 27.1.2024 arising out of Case Crime No.762/2023, (in respect of petitioner no.1 under sections- 323, 506, 376 IPC and in respect of petitioner no.2 under sections 323, 506 IPC), Police Station Laharpur, District Sitapur as well as summoning/ cognizance order dated 27.2.2024 passed by the learned Additional Chief Judicial Magistrate-1, Sitapur in Criminal Case/S.T. No.643/2024 (State Versus Aftab & Another) during pendency of the instant petition in the interest of justice."

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Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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, the instant application is disposed of finally in following terms:-

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(i) The parties to the proceedings i.e. Case Crime No.762/2023 (supra), shall appear before the concerned Court within two week's from today and file the compromise.

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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 applicants to approach this Court again for quashing of the proceedings.

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(vi) Office is directed to provide original compromise, if any, to the Counsel for the applicants, 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 applicants in the aforesaid case.

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Order Date :- 14.8.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Aftab Alias Md. Aftab and Another v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another

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Aftab Alias Md. Aftab and Another v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another

Case brief

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