Mohammad Qadeer and 4 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Lucknow and Another

Allahabad HC24 Jan 2024A482/430/2024

Case brief

AI extract

What is this about?

The single judge adjourned the application under Section 482 Cr.P.C. to verify the alleged compromise regarding the underlying criminal case. Parties are directed to appear before the Chief Judicial Magistrate, Faizabad, on 31.01.2024 for verification of the compromise deed.

What did the court decide?

Interim order staying non-compulsion to appear in the lower court until compromise verification by the Chief Judicial Magistrate on 31.01.2024.

Mohammad Qadeer and 4 Others vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 430 of 2024

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Applicant :- Mohammad Qadeer And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, U.P. Lucknow And Another Counsel for Applicant :- Amar Nath Dubey,Mohd. Rais Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard learned counsel for petitioners and learned AGA for the State.

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Sri Pramod Kumar Pandey, learned Advocate, has put in appearance on behalf of opposite party no.2 and filed Vakalatnama. Said Vakalatnama is taken on record.

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By means of this petition filed under Section 482 Cr.P.C., the petitioners have prayed the following main reliefs:-

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"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the criminal proceeding of Criminal Misc. Case No. 5489 of 2020, arising out of charge sheet dated 23.6.2019 relating to case crime No. 136 of 2019, under Sections-147, 352, 504, 506 I.P.C., Police Station-Kotwali Nagar, District-Faizabad (Ayodhya) as well as impugned summoning order dated 24.6.2020 passed by learned Chief Judicial Magistrate, Faizabad (Ayodhya), State of U.P. Versus Mohammad Qadeer and others pending in the court of learned Chief Judicial Magistrate, Faizabad (Ayodhya) and further it may be pleased to stay the criminal proceeding of Criminal Misc. Case No. 5489 of 2020, arising out of charge sheet dated 23.6.2019 relating to case crime No. 136 of 2019, under Sections-147, 352, 504, 506 I.P.C., Police Station-Kotwali Nagar, District-Faizabad (Ayodhya) as well as impugned summoning order dated 24.6.2020 passed by learned Chief Judicial Magistrate, Faizabad (Ayodhya), State of U.P. Versus Mohammad Qadeer and others pending in the court of learned Chief Judicial Magistrate, Faizabad (Ayodhya), in the interest of justice."

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Learned counsel for the petitioners submits that parties have amicably compromised their dispute. Photocopy of the compromise taken place between the parties has been annexed with this petition as Annexure No.4 and the original copy of compromise deed has already been produced before the court below concerned.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below i.e. Chief Judicial Magistrate, Faizabad now Ayodhya as such compromise has to be duly verified in presence of the parties

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concerned before the court concerned.

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Accordingly, for the purpose of verification of the compromise, parties of the compromise deed will appear before the court concerned on 31.01.2024 and the learned court below shall proceed to verify the compromise-deed. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court below and the same shall be sent to this Court by the next date of listing. The compromise will be made part of the record. The court below in that scenario will allow the parties to obtain certified copy of the report as well as compromise.

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List this case on 15.02.2024.

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Till the next date of listing, petitioners shall not be compelled to appear before the court below pursuant to the aforesaid criminal case.

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When the case is next listed, name of Sri Pramod Kumar Pandey shall be printed in the cause list as counsel for opposite party no.2.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 24.1.2024 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Qadeer and 4 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Lucknow and Another

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Mohammad Qadeer and 4 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Lucknow and Another

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