Disposed

Iliyas @ Mo. Iliyas v. State of U.P. Thru. Secy. Home Civil Secrt. Lko. and Another

Allahabad HC24 Jun 2024A482/5627/2024

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application seeking quashing of a rape trial, the High Court referred the matter to the trial court for verification of a compromise deed. The proceedings were kept in abeyance pending the verification report.

What did the court decide?

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

Iliyas @ Mo. Iliyas vs State of U.P. Thru. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:50453

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Court No. - 30

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Case :- APPLICATION U/S 482 No. - 5627 of 2024

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Applicant :- Iliyas @ Mo. Iliyas Opposite Party :- State Of U.P. Thru. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Narendra Gupta,Mohammad Salim Khan

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Counsel for Opposite Party :- G.A.,Alok Mishra

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Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the applicant, learned AGA for State-respondents and Shri Mohit Sharma, learned counsel for respondent no.2.

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The present application under section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Session Trial No.143 of 2024, crime no.477 of 2021 under section 376 IPC, police station Khairabad, District Sitapur and also to quash the summoning order dated 19.07.2023 passed by Judicial Magistrate-I, Sitapur in criminal case no. 25390 of 2023 as well as charge sheet no.39 of 2022 dated 27.01.2022.

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It has been submitted by learned counsel for the applicants that there was a dispute between the parties but a compromise has been arrived at between the applicant and opposite party no.2 outside the court on 22.04.2024 and the compromise deed has been annexed as Annexure no.8 to the application.

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Learned counsel for respondent no.2 does not dispute the settlement arrived at between the parties.

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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 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 perused the record as well as considering the law laid down by Hon'ble Supreme Court 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

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learned trial court for verification of the compromise deed dated 22.04.2024 (Annexure No.8) on 14.08.2024. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week 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 certified/original copies to the learned counsel for the applicants.

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(Om Prakash Shukla, J.)

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Order Date :- 25.7.2024 Arnima

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

Iliyas @ Mo. Iliyas v. State of U.P. Thru. Secy. Home Civil Secrt. Lko. and Another

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Iliyas @ Mo. Iliyas v. State of U.P. Thru. Secy. Home Civil Secrt. Lko. and Another

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