Disposed

Aashu @ Aas Mohammad and 3 Others v. State of U.P. and 3 Others

Allahabad HC18 Nov 2024A482/28333/2024

Case brief

AI extract

What is this about?

The High Court granted interim protection to the applicants in an application under Section 482 CrPC after noting a compromise between the parties. The court stayed further proceedings pending verification by the trial court and directed the filing of counter affidavits.

What did the court decide?

Interim stay on proceedings granted pending verification of compromise.

Aashu @ Aas Mohammad and 3 Others vs State of U.P. and 3… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 28333 of 2024

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Applicant :- Aashu @ Aas Mohammad And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Vakalatnama filed by Sri Vijay Kumar Mishra (AOR No.A/V04631 of 2022), on behalf of opposite parties no.2 to 4 is taken on record.

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The contention of the learned counsel for the applicants, who are four in number, is that a first information report stood lodged against the applicants by the informant-opposite parties purported to be under Sections 308, 323, 325, 504 & 506 of the IPC, being FIR No. 0164 on 8.12.2023 before the Police Station Sikheda, District Muzaffar Nagar on the basis of totally incorrect facts, falsely implicated to the applicants, a compromise has been entered into between the parties reference whereof has been given in para 9 document whereof has been annexed as annexure-5 at page 30 of the paper book according to which parties on 22.12.2023 have entered into compromise that they do not propose to proceed with the criminal proceedings.

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Learned counsel for the applicants submits that the parties will approach the court below on a particular date wherein the process of verification be done and in the meantime interim protection be accorded.

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Learned A.G.A. as well counsel appearing for the informant have no objection to the same and according to the learned counsel for the informant since from the parties have entered into compromise thus now the proceedings are to be given a decent burial.

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Matter requires consideration.

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The parties shall appear before the Civil Judge (J.D.), Court No.3, Muzaffar Nagar in Case No.929 of 2024 (State vs. Jafir and others) on 9th December, 2024 on which date thereafter the court below shall take necessary steps for verification in accordance with law and a report be submitted by the third week of February,

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Learned counsel for the opposite parties prays for and is granted six weeks time to file counter affidavit. Two weeks' thereafter are allowed to the petitioner for filing rejoinder affidavit.

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Put up this case on 28.1.2025 as fresh.

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Till the next date of listing, further proceedings in Criminal Case No. 0929 of 2024 arising out of Case Crime No.0164 of 2023, under Sections 323, 308, 325, 504 & 506 IPC, Police Station Sikheda, District Muzaffar Nagar, pending before the learned Civil Judge (J.D.), Court No.3, Muzaffar Nagar, in so far as it pertains to thea pplicants shall remain stayed.

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When the case is next listed, the name of Sri Vijay Kumar Mishra (AOR No.A/V04631 of 2022), from the opposite parties no.2 to 4

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Order Date :- 18.11.2024 piyush

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Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad

Aashu @ Aas Mohammad and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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Aashu @ Aas Mohammad and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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