Disposed

Imtiyaz Khan @ Guddu @ Istiyaq Khan v. State of U.P. and Another

Allahabad HC4 Sept 2024A482/28532/2024

Case brief

AI extract

What is this about?

Single bench hearing a Section 482 CrPC application to quash criminal proceedings based on a compromise. The court directed parties to appear before the trial court for verification, recording of statements, and fulfillment of conditions before passing final order.

What did the court decide?

Parties directed to appear before trial court for verification of compromise within two weeks.

Imtiyaz Khan @ Guddu @ Istiyaq Khan vs State of U.P. and… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 28532 of 2024

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Applicant :- Imtiyaz Khan @ Guddu @ Istiyaq Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamala Kant,Vidya Dhar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Vidya Dhar Yadav, learned counsel for the applicant and Mr. Mayank Awasthi, learned counsel for the State.

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The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.1123 of 2013 (State vs. Imtiyaz Khan @ Guddu @ Imtiyaz), arising out of Case Crime No.0371/2012, under Sections 419, 420, 467, 468, 471, 506 IPC, P.S.-Meja, District-Prayagraj, pending before the court of Additional Chief Judicial Magistrate, Court No.10, Prayagraj on the basis of compromise dated 11.07.2024.

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Learned counsel for the applicant submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties. In this regard, a compromise affidavit of both the parties has been filed before the court concerned, copy of the same has been annexed as Annexure No.3 of this application. Therefore, continuance of proceedings against the applicants would futile exercise and wastage of time of the Court and will be abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.

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Learned AGA as well as learned counsel for opposite party no.2 also does not dispute the correctness of the submissions made by the learned counsel for the applicants.

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Whether a compromise has taken place or not can at best be 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 above, both the parties are directed to appear before the court below along with copy of compromise deed as well as a certified copy of this order within two weeks from today. It is expected that the trial court may fix a date for the verification

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of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of one month from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

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Upon due verification of compromise, the court below may pass appropriate order in that regard and send a report to this Court.

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Put up this case on 15.10.2024, as fresh.

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Till then, no coercive measure shall be taken against the applicant in the aforesaid case.

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Order Date :- 4.9.2024 Jitendra/-

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

Imtiyaz Khan @ Guddu @ Istiyaq Khan v. State of U.P. and Another

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Imtiyaz Khan @ Guddu @ Istiyaq Khan v. State of U.P. and Another

Case brief

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