Disposed

Meraj Haider v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home, Civil Sectt. Lko. and Another

Allahabad HC16 Feb 2024A482/1409/2024

Case brief

AI extract

What is this about?

Applications under Section 482 Cr.P.C. seeking quashing of criminal proceedings were dismissed. The High Court, noting the admission of an off-court compromise, directed the trial court to verify the agreement within three weeks. Pending verification, the interim order remains in operation till the next listing.

What did the court decide?

Trial court directed to verify compromise filed within three weeks and report to High Court; interim order remains till next listing.

Meraj Haider vs State of U.P. Thru. Its… — Contract and Commercial Disputes | Allahabad HC (2024)

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Court No. - 16

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Case :- APPLICATION U/S 482 No. - 1409 of 2024

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Applicant :- Meraj Haider Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home, Civil Sectt. Lko. And Another Counsel for Applicant :- Prabhaat Kumar Tripathi,Kunal Nigam Counsel for Opposite Party :- G.A.

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with

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Case :- APPLICATION U/S 482 No. - 109 of 2024

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Applicant :- Amir Haider Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Prabhaat Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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List has been revised and the case is being taken up in the revised call.

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No one appeared on behalf of the opposite party No.2.

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Heard Dr. Ashok Nigam, Senior Advocate assisted by Shri Prabhaat Kumar Tripathi, learned counsel for the applicant, Shri Shushil Kumar Pandey, learned A.G.A. for the State and perused the record.

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The instant applications under Section 482 Cr.P.C. has been filed seeking quashing of the order dated impugned summoning order dated 03.07.2023 passed by learned Chief Judicial Magistrate Court No.18, Barabanki in Criminal Case No.317/2023, F.I.R. dated 01.04.2022 under Section 419, 420, 467, 468, 471, 504 and 506 I.P.C., Police Station-Kotwali, District-Barabanki a further prayer has been made to quash the entire proceedings of Criminal Case No.17214/2023 pending in the court of learned Special Judicial Magistrate, Barabanki.

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Learned counsel for the applicants submits that the parties have entered into compromise outside the court and the matter has been settled between the parties.

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Learned counsel for the applicants further submits that the compromise has been filed before the trial court, but the same

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has not been verified, thus a positive direction be given to the trial court to verify the contents of the compromise, so that the same may be filed before this Court and the proceeding of the case may be quashed.

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Learned A.G.A. has no objection to the prayer made by the learned counsel for the applicants.

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Accordingly, the trial court is directed that if a compromise is already filed by the applicants before the trial court and the parties appear, the contents of the compromise be verified in accordance with law within three weeks from today and submit its verification report in a sealed cover before this Court on or before the next date of listing.

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List/put up this case on 04.04.2024.

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The copy of this order shall be produced before the trial court concerned by learned Counsel for the applicants within two weeks from today.

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Certified copies annexed, if any, with this application be returned to the learned counsel for the applicants after keeping the photostat of the same on record.

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Interim order, if any, shall remain in operation till the next date of listing.

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Order Date :- 6.3.2024 Piyush/-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Meraj Haider v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home, Civil Sectt. Lko. and Another

Case brief

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Meraj Haider v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home, Civil Sectt. Lko. and Another

Case brief

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