Disposed

Syed Mohd. Arshad Zaidi v. State of U.P. Thru. Prin. Secy. Home Lko and 3 Others

Allahabad HC19 Nov 2024A482/10327/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of proceedings under Section 31 D.V. Act, the court directed the applicant to approach the trial court within four weeks to place before it the facts of the compromise and set-off, thereby allowing the trial court to dispose of the matter on merits while keeping the petition pending.

What did the court decide?

The applicant was directed to approach the trial court within four weeks to file a response regarding the compromise, allowing the trial court to decide further by a reasoned order.

Syed Mohd. Arshad Zaidi vs State of U.P. Thru. Prin… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:76041

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 10327 of 2024

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Applicant :- Syed Mohd. Arshad Zaidi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others

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Counsel for Applicant :- Mohd. Tariq Khan Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Heard Sri Mohd. Tariq Khan, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned A.G.A.-I for the State.

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In view of the order proposed to be passed, notice to opposite party no.2 is dispensed with.

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The instant application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire proceeding of Complaint Case No.1683 of 2024, under Section 31 D.V. Act, Police Station Kotwali Nagar, District Faizabad as well as order dated 30.09.2024.

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Learned counsel for the applicant has submitted that in utter disobedience of an agreement entered into between applicant No.1 and opposite party No.2 at the mediation centre of this Court, which is available at pages 64 and 65, the learned trial Court has proceeded to issue notice to the applicant vide order dated 30.09.2024 in Case No. 1683 of 2024. He, thus, submits that as the parties have settled their dispute amicably, there was no occasion for the learned trial Court to have issued

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notice to the present applicant in respect of any proceeding or any alleged due(s).

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Per contra, learned A.G.A. has opposed the aforesaid prayer by submitting that by means of the impugned order dated 30.09.2024, only a notice to the applicant has been issued. He, thus, submits that at such an early stage to rush of this Court for quashing itself is an abuse of process of this Court as the trial has not progressed substantially.

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Having heard learned counsel for the applicant and learned A.G.A. for the State, and having regard to the fact that by means of the impugned order dated 30.09.2024, the learned trial Court has proceeded to issue notice to the applicant only, without forming any view of the matter or passing any order against the applicant, it is deemed appropriate that the present applicant is directed to approach the learned trial Court where he may bring to the notice of learned trial Court the entire facts, including the fact of compromise between the parties and the order permitting the set-off, which is available at page No. 37 to this application, within four weeks from today. In case, such a reply/response/application is filed before the learned trial Court by the present applicant in response to the notice issued vide order dated 30.09.2024, the learned trial Court shall proceed to dispose of the same, having regard to the entire facts and circumstances of this case, including the annexures filed by the applicant, by means of a

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speaking and reasoned order and that too with utmost expedition.

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The instant application is finally disposed of , accordingly.

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It is made clear that while disposing of this application, this Court has not adverted to the merits of the case in any manner.

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(Ajai Kumar Srivastava-I, J.) Order Date :- 19.11.2024 A.Dewal

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Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench

Syed Mohd. Arshad Zaidi v. State of U.P. Thru. Prin. Secy. Home Lko and 3 Others

Case brief

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Syed Mohd. Arshad Zaidi v. State of U.P. Thru. Prin. Secy. Home Lko and 3 Others

Case brief

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