Disposed

Sabir v. State of U.P. and Another

Allahabad HC19 Dec 2024A482/43644/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing of summoning order and warrants in a criminal case based on an out-of-court compromise. The Court directed the parties to appear before the court below for verification of the compromise and stayed coercive actions pending verification.

What did the court decide?

Stay of coercive action pending verification of compromise; direction to verify compromise before court below.

Sabir vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

¶1

Court No. - 76 Case :- APPLICATION U/S 482 No. - 43644 of 2024 Applicant :- Sabir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Maurya,Safal Pandey,Virendra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State. None is present for opposite party no.2.

¶4

The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing of the summoning order dated 14.10.2022 and non-bailable warrant dated 05.10.2024 as well as the entire proceeding of Complaint Case No.50 of 2022 (Rinku v. Sabir and others), under Sections 406, 323, 504, 506 IPC and Sections 3(1)(x) of SC/ST Act, P.S.- Saidan Gali, DistrictAmroha, in pursuance of compromise dated 16.11.2022.

¶5

It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed.

¶6

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 7/8.01.2025 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit it's verification report on or before the next date fixed.

¶8

List this matter on 27.03.2025 along with compromise verification report submitted/sent by the court concerned, if any.

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On the next date fixed, opposite party no.2 shall appear through counsel to put his/her version, if any.

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Till the next date of listing, no coercive action shall be taken against the applicant in aforesaid criminal case.

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Order Date :- 19.12.2024 Rama Kant

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Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad

Sabir v. State of U.P. and Another

Case brief

What is this about?

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Sabir v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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