Disposed

Taufeeq Quraishi @ Mo Tavfik v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC12 Apr 2024A482/3229/2024

Case brief

AI extract

What is this about?

This High Court disposed of an application for quashing criminal proceedings arising from a matrimonial offence. The court ordered proceedings to remain in abeyance while the compromise entered by the parties is verified by the trial court, citing Supreme Court precedent.

What did the court decide?

Proceedings kept in abeyance for two months; parties directed to appear for compromise verification.

Taufeeq Quraishi @ Mo Tavfik vs State of U.P. Thru. Secy… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:34045

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 3229 of 2024

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Applicant :- Taufeeq Quraishi @ Mo Tavfik Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another

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Counsel for Applicant :- Rakesh Kumar,Arun Kumar Counsel for Opposite Party :- G.A.,Prabhat Kumar Singh

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Hon'ble Karunesh Singh Pawar,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant, learned counsel for respondent no.2 and learned A.G.A. for respondent State.

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The present application has been filed by the applicant for quashing of the charge-sheet No.1/2019 dated 13.01.2019 arising out of Case Crime No.684 of 2018, Case no.177 of 2019, under Sections 376/313/328 I.P.C., Police Station Indira Nagar, District Lucknow and the cognizance/summoning order dated 14.02.2019 pending before the court of Additional District Judge/Fast Track Court-I, Lucknow.

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It has been submitted by the parties that both parties are major and have married with each other on 27.12.2021. After that they have entered into compromise. They are residing peacefully and out of wedlock one daughter Alija has been born.

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Learned counsel appearing for respondent no.2 does not dispute the above facts rather he concedes the same.

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It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed.

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Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the

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competent court and only then any further orders may be passed.

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On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Sonu alias Subhash Kumar vs. State of Uttar Pradesh and another reported in [2021 SCC OnLine SC 181 , the petition is disposed of directing the parties to appear before the learned trial court on 16.05.2024 for verification of the compromise dated 14.3.2024. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of two weeks' thereafter and provide a copy of verification report to the parties.

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The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today.

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It will be open for the applicant to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties.

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Order Date :- 1.5.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Taufeeq Quraishi @ Mo Tavfik v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

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Taufeeq Quraishi @ Mo Tavfik v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

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