Disposed

Ishhaq Alias Ishhaq Ahmad and 8 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC17 Jan 2024A482/397/2024

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the Allahabad High Court disposed of the petition directing parties to verify a compromise deed before trial court, keeping proceedings in abeyance for three months.

What did the court decide?

Proceedings kept in abeyance for three months; parties directed to appear for trial court verification of compromise on 14.08.2024.

Ishhaq Alias Ishhaq Ahmad and 8… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48947

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Court No. - 30

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Case :- APPLICATION U/S 482 No. - 397 of 2024 Applicant :- Ishhaq Alias Ishhaq Ahmad And 8 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Tariq Khan Counsel for Opposite Party :- G.A.,Arti Rawat,Km. Anjali Gautam,Mohammad Arshad

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Hon'ble Om Prakash Shukla,J.

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1. Heard learned counsel for the applicant, learned counsel for the opposite party No.2 and learned A.G.A. for State.

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2. The present petition under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the impugned summoning order dated 2.09.2023 issued by Civil Judge (Junior Division)/F.T.C./J.M. Naveen Gonda, District Gonda in criminal case No.17628/2023 arising out of Case Crime No.18/2023, under Sections 498-A, 323, 504, 506, 452 I.P.C. and Section 3/4 of D.P. Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 along with entire criminal proceedings of the aforesaid case pending before the concerned court.

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3. Learned counsel for the applicants submits that dispute between the parties have been amicably settled outside the court by way of compromise deed dated 01.03.2023. The original copy of the compromise deed dated 01.03.2023 is on record as Annexure No.4 to the application.

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4. Learned counsel for the opposite party No.2 does not dispute the above facts rather he concedes the same.

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5. 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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6. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed.

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7. On due consideration of the arguments advanced by the parties' counsel and perused the record as well as considering the law laid down by Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab : 2012 AIR SCW 5333 , the petition is disposed of directing the parties to appear before the learned trial court for verification of the compromise deed dated 01.03.2023 (Annexure No.4) on 14.08.2024. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties.

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

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9. It will be open for the applicants 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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10. Office is directed to return certified/original copies to the learned counsel for the applicants.

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[Om Prakash Shukla, J.]

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Order Date :- 19.7.2024 Shubhankar

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Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench

Ishhaq Alias Ishhaq Ahmad and 8 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Ishhaq Alias Ishhaq Ahmad and 8 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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