Disposed

Irshad and 5 Others v. State of Up and Another

Allahabad HC5 Sept 2024A482/25294/2024

Case brief

AI extract

What is this about?

In this quashing application under Section 482 Cr.P.C., the High Court noted that both parties lodged an undertaking to appear before the trial court on 18.09.2024 to verify the compromise. The court ordered no coercive action until the next date and directed partition of certified copies of its order.

What did the court decide?

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

Irshad and 5 Others vs State of Up and Another — Allahabad HC (2024) — LawSathi Research

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 25294 of 2024

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Applicant :- Irshad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Learned counsel for the applicants and learned AGA for the State are present.

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This application under Section 482 Cr.P.C. has been filed for quashing of the proceedings, including charge-sheet dated 29.11.2023 as well as cognizance/summoning order dated 10.04.2024, of Case No. 4720/2024 (State Vs. Irshad and others), arising out of Case Crime No. 553/2023, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S.- Kandhla, District- Shamli, pending in the court of Civil Judge (J.D.)/F.T.C., Shamli, in terms of the compromise between the parties

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It is submitted that on account of intervention of their wellwishers, a compromise has been arrived at between the parties. The said compromise has already been filed before the court concerned. It is submitted 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 ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.

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Learned counsel for the parties undertake to ensure the presence of the parties before the court below or any other transferee court,

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as the case may be, on 18.09.2024 and thereafter the court concerned, shall ascertain the veracity of the compromise. 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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Parties are directed to produce certified copy of this order before the court concerned on the date fixed before it.

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List this case on 04.10.2024.

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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 :- 5.9.2024 SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Irshad and 5 Others v. State of Up and Another

Case brief

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Irshad and 5 Others v. State of Up and Another

Case brief

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