Ghulam Waris Khan v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC5 Nov 2024A482/9928/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash criminal proceedings arising from an FIR alleging outraging a woman's modesty. The victim appeared in court and stated her signature on the settlement agreement was obtained under coercion and that she never complained of coercion. The court found the matter required consideration, listed it for February 2025, and stayed the impugned proceedings until fu

What did the court decide?

Impugned proceedings stayed until further orders; case listed for second week of February 2025.

Ghulam Waris Khan vs State of U.P. Thru. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9928 of 2024

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Applicant :- Ghulam Waris Khan Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Pawan Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Counter affidavit filed today is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State-respondent as well as learned counsel for complainant.

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The instant application has been filed for quashing the entire proceedings of Criminal Case No.2623 of 2024, arising out of Case Crime No. 40 of 2024, under Sections 452, 354, 354Gha, 504 IPC, Police Station- Sampurna Nagar, District- Kheri, impugned charge sheet No.29/2024 dated 04.03.2024 as well as summoning order dated 21.06.2024.

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Learned counsel for the applicant has submitted that it is admitted case of the prosecution that the victim was in relation with the applicant from 2007 to 2019. The FIR in question was lodged by the respondent no.2. It is alleged that the issue was resolved between the parties by way of executing the agreement in which brother of the victim is one of the witness. Thereafter a petition was filed before this Court which was disposed of with the direction to the victim as well as applicant to appear before the court below for verification of the contents of the agreement but she denied and demanded money. He has also submitted that victim was called by this Court vide order dated 11.12.2024.

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In pursuance of the order of this Court, victim is present. She categorically stated that under coercion her signature was obtained by the applicant on the settlement agreement. She also conceded the fact that her brother is one of the witness of the settlement agreement and he has taken money from the applicant. She also stated that she has not made any complaint to any authority for obtaining her signature on the settlement agreement under coercion against the applicant.

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Learned A.G.A. has submitted that charge sheet has been filed but it is admitted case of the victim that she was in relation with the applicant from 2007 to 2019.

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Considering the submissions of learned counsel for the parties and going through the contents of the application as well as other relevant documents, it is evident that the victim was in relation with the applicant since 2007 to 2019. Therefore the matter requires consideration.

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List this case in second week of February, 2025.

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In the meantime, rejoinder affidavit, if any, may be filed.

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Until further order of this Court, the impugned proceedings shall remain stayed.

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10 Parties present today need not appear again unless called for.

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Order Date :- 16.12.2024 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Ghulam Waris Khan v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

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Ghulam Waris Khan v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

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