Sahadat Husain and 5 Others v. State of U.P. and Another
Case brief
What is this about?
Charge-sheeted applicants sought quashing of a criminal case on the basis of an inter-party compromise. The High Court issued notice to opposite party 2, directed the trial court to verify the compromise and report back, and stayed coercive action against the applicants until further orders.
What did the court decide?
Interim stay: no coercive action against applicants in Criminal Case No. 3274 of 2022; trial court to verify compromise and transmit verification report before next date.
What the court decided
Court No. - 77
Case :- APPLICATION U/S 482 No. - 24311 of 2024
Applicant :- Sahadat Husain And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Syed Faiz Hasnain Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Mohd. Arif, Advocate, holding brief of Mr. Syed Faiz Hasnain, the learned counsel for applicants and the learned A.G.A. for State opposite party 1.
Applicants Sahadat Husain and 5 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 graciously be pleased to quash the Charge Sheet dated 23.08.2022 as well as entire criminal proceeding of Criminal Case No. 3274 of 2022 (State Vs. Chunni @ Babudeen and others) arising out of Case Crime No. 191 of 2022 under Sections 448, 420, 504, 506 IPC, Police Station- Asmoli, District Sambhal, pending in the court of Judicial Magistrate Ist, Sambhal, in view of compromise made in between the parties dated 08.02.2023.
Issues for consideration
2 issues framed by the court
Whether criminal proceedings under Sections 448, 420, 504, 506 IPC pending in the trial court can be quashed in view of a compromise between the parties.
Whether the compromise between the parties should be verified by the court below.
Parties & counsel
- applicant
Sahadat Husain And 5 Others
- respondent
State of U.P.
- respondent
Opposite Party 2
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- A482/24311/2024
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