Allowed

Mehtab Khan v. State of U.P. and 2 Others

Allahabad HC9 Jul 2024A482/21465/2024

Case brief

AI extract

What is this about?

The Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings. The proceeding arose from a compromise filed and verified by the trial court, leading to the discharge of the applicant to further satisfy interests of justice.

What did the court decide?

The entire proceedings in Sessions Trial No. 716 of 2022 arising from Case Crime No. 159 of 2008 were quashed.

Mehtab Khan vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:111486

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 21465 of 2024

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Applicant :- Mehtab Khan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Raj Kumar Kesari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. are present.

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It is submitted by learned counsel for the applicant that an application U/s 482 Cr.P.C. No. 3737 of 2024 was filed before this Court for quashing the entire proceedings of the case on the basis of compromise entered into between the parties by which they settled the dispute amicably. In the said application on the basis of compromise an order was passed on 18.04.2024 by the Coordinate Bench of this Court directing the learned trial court to get the compromise verified and then applicant was directed to file fresh application for quashing of proceedings. In pursuance to that order, compromise was filed before the learned trial court and it was got verified on 13.05.2024. Present application was filed by the applicant for quashing the entire proceedings of the case in terms of compromise as verified by the learned trial court on 13.05.2024, the certified copy of which is on record, and request to quash the proceedings of the case.

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Learned A.G.A. has no objection in this regard.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. and perusal of record, the order passed by the Coordinate Bench of this Court dated 18.04.2024 in application U/s 482 Cr.P.C. No. 3737 of 2024 and in pursuance thereto the compromise between the parties as verified by the learned court, this Court is of the opinion that since matter has been resolved between the parties through amicable settlement and it will serve no purpose in keeping the proceedings pending before the learned trial court, therefore, it is in the interest of justice to quash the entire proceedings of the case in terms of compromise between the parties as verified before the learned trial court.

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Accordingly, entire proceedings in Sessions Trial No. 716 of 2022 (State Vs. Mehtab) arising out of Case Crime No. 159 of 2008 under Sections 363, 366, 368 I.P.C., Police Station Kandhla, District Muzaffar Nagar pending in the court of learned Additional District and Sessions Judge/ Fast Track Court No. 1, District Muzaffar Nagar are hereby quashed.

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Accordingly, the present application u/S 482 Cr.P.C. is allowed .

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Order Date :- 9.7.2024 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Mehtab Khan v. State of U.P. and 2 Others

Case brief

What is this about?

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Mehtab Khan v. State of U.P. and 2 Others

Case brief

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