Disposed

Mohd Javed and 5 Others v. State of Up and Another

Allahabad HC14 Aug 2024A482/19631/2024

Case brief

AI extract

What is this about?

The applicants sought quashing of proceedings under Section 482 Cr.P.C. based on an out-of-court compromise. The Court held that since the matters were compoundable, the applicants must approach the trial court first. The petition was disposed of by granting liberty to file the compromise before the trial court.

What did the court decide?

Liberty granted to approach the trial court to file the compromise; stay on coercive action granted until trial court decision.

Mohd Javed and 5 Others vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:132406

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 19631 of 2024

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Applicant :- Mohd Javed And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harbansh Prasad Pandey Counsel for Opposite Party :- G.A.,Pradeep Kumar Mishra

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Hon'ble Samit Gopal,J.

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Heard Sri Harbansh Prasad Pandey, learned counsel for the applicants, Sri Pradeep Kumar Mishra, learned counsel for the opposite party no.2 and Sri Bade Lal Bind, learned counsel for the State and perused the records.

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Office to trace out the vakalatnama of Sri Pradeep Kumar Mishra, Advocate and place it on record and make a note in the order sheet.

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The present application under Section 482 Cr.P.C. has been filed by the applicants- Mohd. Javed, Mohd. Ali, Faishal @ Vaish Siddiqui, Iqbal Ahmad, Mohd. Yaqoob Siddiqui and Kamrool Hasan with the following prayers:

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"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the impugned Charge Sheet No. 10/2021 dated 09-01-2021, and cognizance order dated 18.08.2023 as well as Entire criminal proceeding in case No. 1263 of 2023 (State Vs. Iqbal Ahamad and others), arising out of Case Crime No. 703 of 2019 under Section 147, 343, 506 I.P.C. Police Station- Sarai Inayat, DistrictPrayagraj. Pending in the court of A.C.J.M. room No. 6 Allahabad, on the basis of compromise between parties out of court dated 20.05.2024.

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It is further prayed stay the further proceeding of case No. 1263 of 2023 (State Vs. Iqbal Ahamad and others), arising out of Case Crime No. 703 of 2019 under Section 147, 343, 506 I.P.C. Police Station- Sarai Inayat, District-Prayagraj. Pending in the court of A.C.J.M. room No. 6 Allahabad. during the pendency of present Criminal Misc. Application before this Hon'ble Court, and/or pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case, otherwise the

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applicants shall suffer irreparable loss and injury."

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Learned counsel for the applicants submits that the matter is bailable in nature. It is submitted that the parties have entered into compromise. It is submitted that the parties have entered into compromise, the copy of which is annexed as Annexure 4 to the affidavit, the same is not objected by learned counsel for the opposite party no.2.

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Learned counsel for the State submits that since the matter is compoundable in nature, the applicants should be granted liberty to approach the court concerned at the first instance and this Court as has been approached directly may direct appropriate orders for the court concerned to consider the same.

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Learned counsel for the applicants then submits that he should be permitted to agitate the issue of compromise before the court concerned since the matter is compoundable in nature.

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As prayed, the applicants may approach the court concerned by filing their alleged compromise within two weeks on which the court concerned is expected to consider the same and pass appropriate orders within three weeks.

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Till then no coercive action shall be taken against the applicants in the aforesaid case.

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The petition stands disposed of.

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Order Date :- 14.8.2024 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Mohd Javed and 5 Others v. State of Up and Another

Case brief

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Mohd Javed and 5 Others v. State of Up and Another

Case brief

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