Disposed

Mo. Siraj and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC13 Dec 2024A482/11368/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC sought quashing of a charge sheet in a matrimonial dispute case on the ground that the parties had settled amicably by a compromise dated 11.11.2024. The court disposed of the application, directing the trial court to verify the compromise with notice to signatories and granting two weeks of protection from coercive action.

What did the court decide?

Application disposed of with direction to trial court to verify compromise upon notice to signatories; two weeks' protection from coercive action.

Mo. Siraj and 5 Others Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:83521

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 11368 of 2024

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Applicant :- Mo. Siraj And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Abul Fazal Jaffrey,Uma Shankar Lal Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Shri Ram Janak Yadav, Advocate on behalf of respondent no. 2 is taken on record.

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Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel appearing for respondent no. 2 and perused the record.

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The present application has been filed with the prayer to quash the charge sheet dated 22.04.2020 in Criminal Case No. 79614 of 2011 arising out of F.I.R. No. 400 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Saadatganj, District Lucknow.

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Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 11.11.2024 (Photocopy of the same is appended as Annexure No. 4 to the application).

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.

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Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the

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compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

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For a period of two weeks, no coercive action shall be taken against the present applicants.

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Order Date :- 13.12.2024 VKS

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

Mo. Siraj and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Mo. Siraj and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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