Disposed

Mohammad Waseem @ Mohd. Waseem and Others v. State of U.P. Thru. Prin. Secry. Home Deptt. and Another

Allahabad HC19 Dec 2024A482/4279/2022

Case brief

AI extract

What is this about?

Application to quash criminal proceedings based on a compromise deed. Court ordered disposal with directions to trial court to verify the compromise and supervise the process before allowing further quashing relief.

What did the court decide?

Application disposed; trial court directed to verify compromise and return matter for action. No coercive action for one month.

Mohammad Waseem @ Mohd. Waseem and Others Vs State of… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:86248

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 4279 of 2022

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Applicant :- Mohammad Waseem @ Mohd. Waseem And Others Opposite Party :- State Of U.P. Thru. Prin. Secry. Home Deptt. And Another Counsel for Applicant :- Prashant Shukla Counsel for Opposite Party :- G.A.,Yadav V.K.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

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The instant application has been filed for quashing the entire proceedings of Criminal Case No.6071/2015 (State Versus Mohd. Waseem & Others) initiated in pursuance of the impugned charge-sheet dated 20.5.2016 arising out of Case Crime No.464/2015 under Sections 498-A, 323, 506 IPC & Section 3/4 Dowry Prohibition Act, Police StationMohanlalganj, District- Lucknow pending in the Court of learned Additional Chief Judicial Magistrate-III, Lucknow in terms of the compromise deed dated 27.6.2022.

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Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.4 to the application.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

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The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it

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will be open to the applicants to approach this Court again for quashing of the proceedings.

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For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.

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Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same.

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Order Date :- 19.12.2024 Arpan

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

Mohammad Waseem @ Mohd. Waseem and Others v. State of U.P. Thru. Prin. Secry. Home Deptt. and Another

Case brief

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Mohammad Waseem @ Mohd. Waseem and Others v. State of U.P. Thru. Prin. Secry. Home Deptt. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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