Disposed

Izhar Khan and 2 Others v. State of U.P. and Another

Allahabad HC25 Nov 2024A482/36336/2024

Case brief

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What is this about?

Application under Section 482 Cr.P.C. to quash criminal proceedings based on a compromise dated 17.08.2024 was presented. The High Court ordered verification of the compromise by the lower court and directed stay of further proceedings pending verification.

What did the court decide?

Directed verification of compromise by lower court; stay on further proceedings against applicants pending verification.

Izhar Khan and 2 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 36336 of 2024

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Applicant :- Izhar Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam Khan,Mohd. Mateen Khan Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State respondent.

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Sri R.S. Yadav, Advocate has filed memo of appearance along with short counter affidavit on behalf of the respondent no.2 today in court, which is taken on record.

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Office is directed to proceed accordingly and print the name of Sri R.S. Yadav, Advocate as counsel for the respondent no.2.

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The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire proceeding of Criminal Case No. 59 of 2010 ( Farukh Versus Izhar and others), under Section 323, 504,506, 452 I.P.C., Police Station Gahmar, District Ghazipur as well as summoning order dated 14.09.2001 passed by Chief Judicial Magistrate, Ghazipur on the basis of compromise dated 17.08.2024.

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It is submitted that during pendency of the criminal proceeding, both the parties have settled their dispute amicably out of the Court, therefore, instant application may be decided finally on the basis of compromise arrived at between the parties and criminal proceedings against the applicants may be quashed.

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Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, in case matter is referred before the court below for verification of compromise. It is further submitted that opposite party no. 2 does not wants to prosecute the present case against the applicant any more as no dispute remains between the parties.

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Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise.

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In this conspectus, as above, both the parties are hereby directed to appear before the court below on 12/13.12.2024 along with a copy of the compromise. After receiving said compromise, learned

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court concerned shall verify the same in presence of both the parties after recording their statements and submit its verification report before this Court on or before the next date fixed in the matter.

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List this matter on 20.02.2025 along with verification report submitted by the court concerned, if any.

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Till the next date of listing, further proceedings in aforesaid criminal case shall remain stayed against the present applicants.

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This matter shall not be treated as tied up or part heard to this Bench.

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Order Date :- 25.11.2024 T.S.

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Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad

Izhar Khan and 2 Others v. State of U.P. and Another

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Izhar Khan and 2 Others v. State of U.P. and Another

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