Allowed

Mohd. Sazim v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Others

Allahabad HC11 Nov 2024CRLP/5439/2024

Case brief

AI extract

What is this about?

Writ petition sought quashing of an FIR under Sections 363 and 366 IPC after the parties reached a verified compromise, with the informant agreeing not to press the FIR. The court quashed the FIR and all consequential proceedings, including any charge sheet, and allowed the petition.

What did the court decide?

FIR Case Crime No.0159/2024 under Sections 363, 366 IPC quashed along with all consequential proceedings including charge sheet, if any.

Mohd. Sazim Vs State of U.P. Thru. Secy. Deptt. of Home… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:74326-DB

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5439 of 2024

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Petitioner :- Mohd. Sazim

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Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Harendra Pratap Singh,Sanjay Awasthi

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Counsel for Respondent :- G.A.,Uday Pratap Singh

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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1. Heard learned counsel for the petitioner, learned A.G.A. for the State and learned counsel for opposite party nos.3 & 4.

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2. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 27.06.2024 bearing Case Crime No.0159/2024, under Sections 363, 366 I.P.C., Police Station Asiwan, District Unnao. Petitioner also prays for quashing of entire criminal proceeding in the aforesaid case crime number.

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3. Learned counsel for the petitioner submits that the victim had clearly stated in the compromise deed that she had went to the house of her maternal aunt without informing anyone and on the same day, she had returned her home.

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4. On 24.10.2024, parties were directed to appear before the Senior Registrar for verification of compromise.

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5. The report of the Senior Registrar of this Court dated 07.11.2024 is on record, according to which, he has verified the compromise on 07.11.2024. The original compromise is on record which has been annexed as Annexure-S.A.-1 to the supplementary affidavit.

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6. According to the terms of the compromise, parties have decided to withdraw all the cases filed by them against each other including F.I.R. dated 27.06.2024 bearing Case Crime No.0159/2024, under Sections 363, 366 I.P.C., Police Station Asiwan, District Unnao.

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7. Intent is clear, the informant, who is a signatory to the compromise, does not want to press the FIR, therefore, no

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purpose would be served in allowing the proceedings even if charge sheet has been filed before the court below to go on considering the nature of the dispute.

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8. Accordingly, the impugned FIR, which is the basis to serve consequential proceedings of investigation and thereafter filing of charge sheet, if any, is hereby quashed. Consequently, all proceedings taken consequent to the lodging of the FIR including charge sheet, if any, filed before the court below stand quashed.

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9. The writ petition is, accordingly, allowed .

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10. The Senior Registrar of this Court shall communicate this order to the court concerned for correcting its record, accordingly.

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11. Learned AGA shall communicate this order to the investigating officer.

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( Om Prakash Shukla,J. ) ( Vivek Chaudhary,J. )

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Order Date :- 11.11.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Sazim v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Mohd. Sazim v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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