Shadab Alias Shadab Ahmad and 6 Others v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home, U.P. Lucknow and Another

Allahabad HC22 Jan 2024A482/537/2024

Case brief

AI extract

What is this about?

This interim order adjourns a S. 482 application challenging a summoning order. The court directs parties to verify a compromise deed before the CJM, Hardoi, and stays coercive action pending verification. Next hearing listed for 12.02.2024.

What did the court decide?

Stay on coercive action; parties to verify compromise before CJM and file supplementary affidavit by 12.02.2024.

Shadab Alias Shadab Ahmad and 6 Others vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 537 of 2024

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Applicant :- Shadab Alias Shadab Ahmad And 6 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home, U.P. Lucknow And Another Counsel for Applicant :- Mohd. Imran Khan,Syed Mohd. Kashif Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State.

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By means of the present application, the prayer sought by the applicants is to set-aside the summoning order dated 20.09.2021 passed by learned Chief Judicial Magistrate, Hardoi in complaint case no.1309 of 2021 under sections 452, 504, 506 IPC police station-Kotwali City, District-Hardoi including the entire further proceeding of the aforesaid case in terms of compromise dated 06.10.2023.

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Submission advanced by learned counsel for the applicants is that better sense has been prevailed between the contesting parties and they have come to terms. The compromise deed executed between the parties is annexed as Annexure-5 to the application dated 06.10.2023. This compromise deed is signed by the contesting parties who have separated themselves after dissolving the nuptial knot between them. This compromise is yet to be verified.

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Under the circumstances, the contesting parties are required to appear before the Chief Judicial Magistrate, Hardoi on or before 10.02.2024. The concerned Magistrate, after identifying the relevant documents, shall explain the covenants of the compromise and also verify the signatories over the aforesaid document. After completing this exercise, the concerned Magistrate shall pass a suitable and reasoned order over the said compromise.

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Thereafter, the applicants are required to file supplementary affidavit annexing therein the order of the learned concerned Magistrate before this Court in the week commencing 12.02.2024.

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Since, the parties are engaged in the verification process, hence, in order to facilitate the applicants for the said compromise, no

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coercive action shall be taken against the applicants in pursuance of summoning order dated 20.09.2021 passed by learned Chief Judicial Magistrate, Hardoi in complaint case no.1309 of 2021 under sections 452, 504, 506 IPC police station-Kotwali City, District-Hardoi till the next date of listing.

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Office is also directed to provide certified copy of the compromise(annexure-5) within 24 hours.

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List this case in the week commencing 12.02.2024 along with the order of concerned Magistrate over the said compromise.

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Order Date :- 24.1.2024 Sumit S

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

Shadab Alias Shadab Ahmad and 6 Others v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home, U.P. Lucknow and Another

Case brief

What is this about?

What did the court decide?

Shadab Alias Shadab Ahmad and 6 Others v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home, U.P. Lucknow and Another

Case brief

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