Dismissed

Dilshad @ Chhota and 6 Others v. State of U.P. and Another

Allahabad HC3 Sept 2024A482/16974/2024

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application sought to quash charges and proceedings based on a compromise alleging. The State objected that the compromise was not filed in the lower court. Finding the objection supported by the record, the Court held the application premature and dismissed it without an opportunity for the applicant to overcome the objection.

What did the court decide?

Present application to quash proceedings is dismissed as premature since the compromise was not filed in the lower court.

Dilshad @ Chhota and 6 Others vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:142734

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 16974 of 2024

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Applicant :- Dilshad @ Chhota And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Yadav,Mahendra Pratap Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Vijendra Raghav Advocate holding brief of Mr. Mahendra Pratap, the learned counsel for applicants and the learned A.G.A. for State

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Perused the record.

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Applicants-Dilshad @ Chhota And 6 Others, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and to quash the Cognizance order dated 14.12.2021 passed by ld. Chief Judicial Magistrate, Baghpat and charge sheet dated 11.12.2021 in case crime no. 952 of 2021 under Section 147, 148, 149, 323, 324, 325, 307, 504, 506 I.P.C. Police-Station-Baraut, District-Baghpat in case no.14438 of 2021 (Now ST No. 03 of 2022) (State Vs. Dilshad & other), pending in the Court of ld. Addl. District Judge Ist, Baghpat in terms of compromise dated 29.03.2024 and all consequential proceeding of case no.14438 of 2021 (Now ST No. 03 of 2022) (State Vs. Dilshad & other) arising out of case crime no. 952 of 2021 under Section 147, 148, 149, 323, 324, 325, 307, 504, 506 I.P.C. Police-Station-Baraut, District-Baghpat pending in the Court of ld. Addl. District Judge Ist, Baghpat

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may be set aside and/or pass such other and further order as this Hon'ble Court may deem fit and proper.

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It is further prayed that during the pendency of the present application before this Hon'ble Court, further proceedings, including the arrest of the applicants, inf case no.14438 of 2021 (Now ST No. 03 of 2022) (State Vs. Dilshad & other) arising out of case crime no. 952 of 2021 under Section 147, 148, 149, 323, 324, 325, 307, 504, 506 I.P.C. Police-Station-Baraut, DistrictBaghpat pending in the Court of ld. Addl. District Judge Ist, Baghpat, may be stayed otherwise the applicant shall suffer irreparable loss and injury, and/or pass such other and further order as this Hon'ble Court may deem fit and proper. "

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At the very outset, the learned A.G.A. submits that present application has been filed on the basis of compromise alleged to have entered into by the parties. He has then invited the attention of the Court to paragraph 11 of the affidavit filed in support of present application. With reference to above, the learned A.G.A. submits that there is nothing on record to show that compromise entered into by the parties has been filed before court below. He therefore submits that present application is premature and therefore, liable to be dismissed.

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When confronted with above, the learned counsel for applicants could not overcome the same.

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Having heard the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this court finds that preliminary objection raised by the learned A.G.A. is clearly borne out from the record and further the same could not be dislodged by the learned counsel for applicants.

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In view of above, present application fails and is liable to be dismissed at this stage.

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It is accordingly dismissed . Order Date :- 3.9.2024 YK

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Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad

Dilshad @ Chhota and 6 Others v. State of U.P. and Another

Case brief

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Dilshad @ Chhota and 6 Others v. State of U.P. and Another

Case brief

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