Disposed

Sheikh Mohammad Shariq v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Allahabad HC13 Aug 2024A482/7131/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C./BNSS seeking quashing of proceedings due to alleged settlement. The court directed the parties to file and verify the compromise before the concerned court and stayed coercive actions.

What did the court decide?

Quashing application disposed with direction to trial court to verify compromise; coercive action stayed for six weeks.

Sheikh Mohammad Shariq vs State of U.P. Thru. Prin… — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:55663

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7131 of 2024

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Applicant :- Sheikh Mohammad Shariq Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another Counsel for Applicant :- Abhay Kumar Saxena,Akram Azad,Sayyed Farooq Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Smt. Asma Parveen, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record.

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Heard learned counsel for the applicant(s), learned AGA for the State and perused the record.

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Instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita (in short "BNSS") has been preferred by the applicant(s)/petitioner(s) for quashing criminal proceedings of Criminal Case No.68629 of 2023, arising out of Case Crime No. 112 of 2022 under Section 498-A, 323, 506 IPC and Section 3/4 of D.P. Act, P.S.-Mahila Thana, DistrictLucknow as well as summoning order dated 28.03.2023.

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Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 5 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Considering the aforesaid, this application is disposed of finally in following terms:-

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(i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within two week's

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from today.

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(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

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(iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order.

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(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

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(v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings.

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(vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court.

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(vii) For a period of six weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.

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Order Date :- 13.8.2024 Vinay/-

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

Sheikh Mohammad Shariq v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Case brief

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Sheikh Mohammad Shariq v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Case brief

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