Mohammad Ajij and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC11 Dec 2024A482/1389/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought quashing of a summoning order and charge-sheet for offences of cheating and criminal breach of trust. Parties claimed to have compromised. The Court directed verification of the compromise by the court below with a report to the High Court, and interim protection from proceedings until then.

What did the court decide?

Interim direction that petitioners shall not be compelled to face criminal proceedings till next date; compromise referred to trial court for verification.

Mohammad Ajij and Others Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 1389 of 2024

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Applicant :- Mohammad Ajij And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Triloki Nath Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard learned counsel for the petitioners, the Sri Aniruddha Kumar Singh, learned Additional Government Advocate-I for the State and Sri Sanjay Kumar Yadav, learned counsel, who has put in appearance on behalf of opposite party No.2 and filed Vakalatnama. The same is taken on record.

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2. The instant petition has been filed under Section 482 Cr.P.C. for quashing of the impugned summoning order dated 23.01.2024 passed by the learned Civil Judge (Junior Division) / Judicial Magistrate, Tanda, District-Ambedkar Nagar in Criminal Case No.05 of 2024 (State vs. Arvind Yadav & others) and the charge-sheet No.01, arising out of Case Crime No.194 of 2023, under Sections 420, 406 & 120-B I.P.C., Police Station-Katka, District-Ambedkar Nagar, in the interest of justice.

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3. Learned counsel for the petitioners submits that petitioners and opposite party No.2 have amicably compromised their dispute on 07.01.2024. The original copy of the compromise taken place between the parties has been annexed with this petition as Annexure No.4.

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

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5. In view of the above, the parties are directed to appear before the court below i.e. learned Civil Judge (Junior Division)/ Judicial Magistrate, Tanda, District-Ambedkar Nagar on 26.02.2024 along with original compromise deed dated 07.01.2024 for verification of the aforesaid compromise. After verification of the aforesaid compromise, a report to that effect shall be prepared by the court below and send it to this Court before the next date of listing, which shall be made part of the record.

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6. List this case on 14.03.2024 along with report of the court below.

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Till the next date of listing, the petitioners shall not be compelled to face the criminal proceedings pursuant to the aforesaid criminal case.

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8. Office is directed to return the original copy of the compromise deed dated 07.01.2024 to the learned counsel for the petitioners forthwith after keeping its photocopy on record.

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9. When the case is next listed, name of Sri Sanjay Kumar Yadav, Advocate be printed in the cause list as counsel for the opposite parties.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 16.2.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Ajij and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Mohammad Ajij and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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