Disposed

Afzal Ahmad and Others v. the State of U.P. Thru. Its Secy. Deptt. of Home, Civil Sectt. Govt. Lko. and Another

Allahabad HC15 May 2024A482/4483/2024

Case brief

AI extract

What is this about?

Application filed under Section 482 CrPC seeking quashing of criminal proceedings based on a settlement compromise. High Court disposed of the matter, directing verification of the compromise by the trial court within two weeks and keeping proceedings in abeyance for three months pending verification.

What did the court decide?

Proceedings kept in abeyance for three months; parties directed to appear before trial court for verification of compromise within two weeks.

Afzal Ahmad and Others vs the State of U.P. Thru. Its… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:37252

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 4483 of 2024

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Applicant :- Afzal Ahmad And Others Opposite Party :- The State Of U.P. Thru. Its Secy. Deptt. Of Home, Civil Sectt. Govt. Lko. And Another Counsel for Applicant :- Mahfooz Alam Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Vakalatnama and Counter Affidavit filed by Shri Ashish Kumar Srivastava, Advocate on behalf respondent no.2 are taken on record.

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Heard learned counsel for the applicants, learned counsel for respondent no.2 and learned A.G.A. for respondent State.

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The present application has been filed by the applicants for quashing of the entire proceedings of Case No.39935 of 2024 arising out of F.I.R./Crime No.0045 of 2023 State vs. Afzal Ahmad and others under Section 498 A/323/406 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Lucknow pending in the Court of Civil Judge (J.D.) F.T.C. Lucknow, on the basis of compromise.

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Learned counsel for the applicants submits that dispute between the parties have been amicably settled outside the court by way of compromise. The original/certified copy of the compromise dated 5.5.2024 is on record as Annexure-3 to the application.

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Learned counsel appearing for respondent no.2 does not dispute the above fact rather he concedes the same.

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It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be

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quashed.

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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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On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India 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 on 30.5.2024 for verification of the compromise. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of two weeks' thereafter and provide a copy of verification report to the parties.

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

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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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Office is directed to return original/certified copy of the compromise to learned counsel for the applicants and retain a photocopy thereof, under Rules of the Court.

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Order Date :- 15.5.2024 Madhu

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

Afzal Ahmad and Others v. the State of U.P. Thru. Its Secy. Deptt. of Home, Civil Sectt. Govt. Lko. and Another

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Afzal Ahmad and Others v. the State of U.P. Thru. Its Secy. Deptt. of Home, Civil Sectt. Govt. Lko. and Another

Case brief

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