Disposed

Mohd. Taukeer v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC31 Jan 2025/899/2025

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of a pending criminal case, the High Court of Judicature at Allahabad did not quash the proceedings but dispensed the applicant to file a verified compromise before the trial court.

What did the court decide?

Direction to file compromise before trial court; no coercive action for eight weeks; leave to approach this Court again.

Mohd. Taukeer Vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:6655

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 899 of 2025

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Applicant :- Mohd. Taukeer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashutosh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Shri Satyendra Nath Mishra, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record.

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Heard learned counsel for the applicant, learned AGA for the State of U.P. as well as learned counsel for the opposite party No.2 and gone through the record.

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The present application under Section 482 Cr.P.C. has been filed for the following main relief:-

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"The Applicant above named most respectfully begs to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash and set aside the proceedings of Criminal Misc. Case No.8162/2024 "State Vs Mohd. Taukeer", U/S 498A, 323,504, 506 of I.P.C and U/s 3 and 4 of D.P. Act pending before the Learned Additional Chief Judicial Magistrate Room No.20, Sultanpur, under the inherent power of this Hon'ble Court under Section 528 B.N.S.S. regarding quashing the entire criminal proceedings on the basis of Compromise dated 24.10.2024, contained as Annexure No.1 as wel as the impugned Chargesheet dated 18.07.2017 contained in Annexure No.2 to the Affidavit, in the interest of justice."

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Learned counsel for the applicant has 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.1 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 i.e. Criminal Misc. Case No.8162/2024 "State Vs Mohd. Taukeer", U/S 498A, 323,504, 506 of I.P.C and U/s 3 and 4 of D.P. Act , pending before the Learned Additional Chief Judicial Magistrate Room No.20, Sultanpur, shall appear and file the compromise before the concerned Court within four 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 four 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 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 applicant, 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 eight weeks, no coercive action shall be taken against the applicant in the aforesaid case.

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Order Date :- 31.1.2025

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ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Taukeer v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Mohd. Taukeer v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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