Disposed

Ameen Ali and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC8 May 2024CRLA/1571/2024

Case brief

AI extract

What is this about?

Criminal Appeal filed to quash charge sheet and summons order. Court disposed of appeal by directing trial court to verify alleged compromise deed within two weeks and suspending coercive action for six months pending verification.

What did the court decide?

Appellants directed to file verified compromise before trial court within two weeks; coercive action stayed for six weeks pending verification.

Ameen Ali and 2 Others vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:35433

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 1571 of 2024

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Appellant :- Ameen Ali And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Appellant :- Kahkashan Zaidi,Arbi Hussain,Arshad Jameel Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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Short counter affidavit filed in the Court today is taken on record.

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

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Instant appeal has been preferred by the appellants for quashing the charge sheet dated 31.08.2015 as well as summoning order dated 23.09.2015 and entire proceedings of Sessions Trial No. 235/2017 (State vs. Noor Ali and others) arising out of Case Crime No. 0259/2015, under Sections- 323/ 504 IPC and Section- 3(i)(x) SC/ST Act, Police Station- Bakshi Ka Talab, District Lucknow.

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Learned counsel for the appellant(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. 4 to the present appeal. 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 appeal 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 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 appellant(s) to approach this Court again for quashing of the proceedings.

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(vi) Office is directed to provide original compromise to the counsel for the appellant(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 appellant(s) in the aforesaid case.

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Order Date :- 8.5.2024 Arun/-

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

Ameen Ali and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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Ameen Ali and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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