Petition under Section 482 CrPC sought quashing of a summoning order in a criminal complaint. Parties entered into a compromise verified by the court below; on the verification report the High Court allowed the petition and quashed the summoning order and all proceedings arising from it.
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Neutral Citation No. - 2024:AHC-LKO:60806
Court No. - 11
Case :- APPLICATION U/S 482 No. - 5974 of 2024
Applicant :- Mohammad Zeeshan And Another Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home, Lko. And Another
Counsel for Applicant :- Viksit Srivastava,Izhar Ahmad Counsel for Opposite Party :- G.A.,Santosh Kumar Verma
Hon'ble Abdul Moin,J.
"1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents.
2. Vakalatnama filed by Sri Santosh Kumar Verma, Advocate on behalf of respondent No.2 is taken on record.
3. Instant petition under Section 482 Cr.P.C.-528 B.N.S.S. has been filed by the petitioners for quashing of the summoning order dated 21.02.2024 passed by Additional Chief Judicial Magistrate-IV, Lucknow in Complaint Case No.57266 of 2022 In re Zeba Khan vs Mohammad Zeeshan & Anr. as well entire proceedings arising therefrom.
4. Learned counsel for the parties jointly state that the parties have entered into a compromise, a copy of which is placed on record as Annexure-5.
5. Considering the aforesaid, the parties may appear before the C.J.M.-IV, Lucknow in Case No.57266 of 2022 on 12.07.2024 i.e. the date suggested by the learned counsel for the parties, for verification of the compromise.
6. Learned Court below shall verify the compromise and submit its report within next 3 weeks.
7. List this case on 06.08.2024 as fresh.
8. Till the next date of listing of the case, no coercive action shall be taken against the petitioners in pursuance of the impugned proceedings.
9. When the case is next listed name of Sri Santosh Kumar Verma, Advocate be printed in the cause list as counsel for opposite party."
Order Date :- 4.9.2024 S. Shivhare
Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the summoning order and complaint proceedings could be quashed given a verified compromise between the parties.
1 provisions across 1 enactments
Mohammad Zeeshan And Another
State Of U.P. Thru. Addl. Prin. Secy. Home, Lko. And Another
Abdul Moin
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
