Disposed

Ashan @ Ahsaan Khan v. State of U.P. and Another

Allahabad HC19 Nov 2024A482/39033/2024

Case brief

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What is this about?

High Court granted liberty to applicant to file original compromise petition before trial court for verification. Proceedings under Section 376 IPC stayed pending such verification and recording of orders by trial court within stipulated timelines.

What did the court decide?

Liberty granted to file original compromise for verification; proceedings stayed pending trial court's verification orders.

Ashan @ Ahsaan Khan vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 39033 of 2024

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Applicant :- Ashan @ Ahsaan Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Osama Qamar Siddiqui,Qamrul Hasan Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant, learned A.G.A. for opposite party No.1-State while power on behalf of opposite party No.2 has been filed by Mr. S.M. Muzammil Mahmood which is taken on record.

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Application under Section 482 Cr.P.C. has been filed challenging the charge sheet dated 16th February, 2021, cognizance order dated 28th July, 2021 as well as proceedings of case No. 334 of 2021 arising out of case crime No. 0022 of 2021, under section 376 IPC, P.S.Lalauli, District Fatehpur.

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Learned counsel for applicant submits that a perusal of the contents of the first information report as well as statement of alleged victim recorded under section 164 Cr.P.C. clearly indicate consensual relations between the applicant and the opposite party No.2. Learned counsel has thereafter drawn attention to the certified copy of statement of the alleged victim recorded before the trial court in which also stated that she had established relations with the applicant of her own free will. It is therefore submitted that summoning under Section 376 IPC is clearly not made out. Learned counsel has thereafter drawn attention to the compromise effected between the parties dated 13th August, 2021, a copy of which has been brought on record as Annexure No.9 to the affidavit filed in support of application. It is submitted that on the said compromise requires verification. Learned counsel for opposite party No.2 on the basis of instructions does not deny the factum of compromise having been effected between the parties who are now living together as husband and wife with marriage having been performed in 2017 itself as stated in the statement of the alleged victim.

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Learned counsel has also adverted to the fact that the affidavit filed in support of application has been filed jointly by the applicant as well as by the alleged victim. It is also submitted that the complainant is also a witness in the compromise effected between the parties.

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Considering aforesaid facts and circumstances, liberty is granted to the applicant to file the original compromise dated 13th August, 2021 before trial court within a period of two weeks from today on which appropriate orders pertaining to verification shall be passed by the trial court within a period of three weeks thereafter.

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List this case on 7th January, 2025 as fresh showing name of S.M. Muzammil Mahmood as learned counsel for opposite party No.2. Report by the trial court pertaining to verification of the compromise, if any shall be submitted to the office through the registry. The applicant may also bring on record a certified copy of the order passed with regard to verification by means of supplementary affidavit.

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For the said purpose the registry shall return the original compromise brought on record as Annexure No.9 while retaining a copy thereof.

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Till the orders are passed pertaining to verification of compromise, the proceedings case No. 334 of 2021 arising out of case crime No. 0022 of 2021, under section 376 IPC, P.S. Lalauli, District Fatehpur shall remain stayed except for the purposes of verification

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Order Date :- 19.11.2024 Prabhat

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

Ashan @ Ahsaan Khan v. State of U.P. and Another

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Ashan @ Ahsaan Khan v. State of U.P. and Another

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