Disposed

Afroj Khan and 8 Others v. State of U.P. and Another

Allahabad HC18 Jul 2024A482/20464/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashal of matrimonial proceedings on the basis of an alleged compromise, the High Court directed that verification by the trial court must occur within two weeks before the High Court can consider quashal, while staying coercive action pending the next hearing.

What did the court decide?

Stayed coercive action against applicants pending verification of compromise by the trial court within two weeks.

Afroj Khan and 8 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 20464 of 2024

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Applicant :- Afroj Khan And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhriguram Ji,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Sri Nilesh Kumar Dubey, Advocate has filed his Vakalatnama on behalf of opposite party no. 2, in Court today, which is taken on record.

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Heard learned counsel for applicants, Sri Nilesh Kumar Dubey, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No.1510 of 2020, arising out of case crime no. 08 of 2019, under Sections - 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station - Mahila Thana , District - Ghazipur, pending in the court of Judicial Magistrate, Ghazipur, in terms of the compromise arrived at between the parties.

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It is submitted by learned counsel for the applicants that on account of intervention of the well-wishers, a compromise has been arrived at between the parties and the said compromise will be filed before the court concerned within two weeks from today. It is further contended that proceedings of the aforesaid case may be quashed on the basis of compromise arrived at between the parties.

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Whether a compromise has taken place or not, can best be

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ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.

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In view of the aforesaid it is directed that in case the parties file an appropriate application for compromise before the court concerned within a period of two weeks from today, the same shall be verified by the court concerned in accordance with law and if the said compromise is verified, the same shall be made part of the record and report to that effect will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court by the next date.

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List this case on 27.08.2024, showing the name of Sri Nilesh Kumar Dubey, as counsel for the opposite party no.2.

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Till the next date of listing, no coercive action would be taken against the applicants in the aforesaid case.

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Order Date :- 18.7.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Afroj Khan and 8 Others v. State of U.P. and Another

Case brief

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Afroj Khan and 8 Others v. State of U.P. and Another

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