Dismissed

Shadab Alias Shadab Ahmad and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Allahabad HC19 Jan 2024A482/482/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. regarding matrimonial dispute. Parties executed compromise deed pending verification. Court adjourned hearing and stayed coercive action till verification before Magistrate.

What did the court decide?

Application for quashing proceedings pending verification of compromise, coercive action stayed till next appearance.

Shadab Alias Shadab Ahmad and 3 Others vs State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another — Allahabad HC (2024) — LawSathi Research

¶1

Court No. - 28

¶2

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

¶3

Applicant :- Shadab Alias Shadab Ahmad And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Mohd. Imran Khan,Syed Mohd. Kashif Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rahul Chaturvedi,J.

¶5

Heard Mohd. Imran Khan, learned counsel for the applicants and learned A.G.A. Perused the record.

¶6

This application u/s 482 Cr.P.C. has been preferred assailing the impugned summoning order dated 20.9.2021 passed by the learned Chief Judicial Magistrate, Hardoi as well as entire criminal proceeding in Complaint Case No.2819 of 2019 (Safiya Khatoon vs. Mohd. Shadab and others), u/s 498A, 323, 504, 506 I.P.C. & 3/4 of D.P. Act, Police Station-Kotwali City, District Hardoi.

¶7

Undercurrent of the present controversy is that this criminal prosecution is the result of matrimonial discord between the husband and wife. Learned counsel for applicants has submitted that this is complaint case whereby on 20.9.2021 the applicants Shadab alias Shadab Ahmad, Smt. Ishrat alias Ishrat Jahan, Farheen alias Farheen Parveen Sheikh Siddiqui and Smt. Samjiya alias Samiya Siddiqui were summoned to face the prosecution u/s 498A, 323, 504, 506 I.P.C. & Section 3/4 of Dowry Prohibition Act. Learned counsel for applicants has further submitted that on account of interference of relatives a good sense prevailed on the contesting parties and on 6th October, 2023 they have come to terms and in this regard a compromise deed was executed between the parties. The nuptial tie between the husband and wife have got dissolved. In paragraph-4 and 5 of the compromise deed the parties have acknowledged that the entire sum has been transferred and nothing is left to be recovered from either of the parties.

¶8

Though the compromise deed between the parties has been jotted down, but the covenants of the compromise and its signatories are yet to be verified, under these circumstances, the contesting parties are required to appear before the concerned court below within 15 days from today and file an application along with the alleged compromise deed for its verification as well as certified copy of this order before the concerned

¶9

Magistrate. If such application along with the alleged compromise deed is filed by the applicants, the court concerned in turn, after summoning both the parties shall explain the terms of compromise to them and verify the alleged compromise and its covenants and signatories by way of passing a suitable order over it.

¶10

After suitable order is passed by the concerned court, learned counsel for the applicants would file supplementary affidavit annexing the order passed by the concerned Magistrate in regard to verification of compromise by the next date fixed.

¶11

List in week commencing 5.2.2024.

¶12

Since the parties are engaged in verification of the compromise, in order to facilitate the parties, no coercive action shall be taken against the applicants in aforesaid case till next date of listing.

¶13

Order Date :- 19.1.2024 M. Kumar

¶14

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

Shadab Alias Shadab Ahmad and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Case brief

What is this about?

What did the court decide?

Shadab Alias Shadab Ahmad and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Paritosh Kumar and Ors. Vs Dir. General Medical and Health U.P. Swasth Bhawan Lko.and

Krishna Mohan Dubey Vs State of U.P. through Prin. Secy. Home Deptt. Govt. of U.P.

Chhathu Prasad Vs Sri Om Prakash Asthana Chief Acctts. Officer U.P. Jal Nigam

Rakesh Kumar Yadav Vs State of U.P. Thru Prin. Secy. Home Civil Sectt. Lko

Yunus @ Gulab Vs State of U.P. Thru. Prin. Secy. Home Lko.

Javed Ahmad Khan and Another vs State of U.P. Thru. Addil. Chief Secy. Home Prin. Secy. Civil Secrt. Lko. and Another