Disposed

Babadeen and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. of Home and 4 Others

Allahabad HC24 Feb 2025A482/1552/2025

Case brief

AI extract

What is this about?

Application under Section 482 CrPC sought quashing of proceedings based on alleged compromise. Court quashed application without verifying facts, directing the lower court to verify the compromise and issue notices to signatories.

What did the court decide?

Application disposed with direction to lower court to verify compromise; no coercive action for one month.

Babadeen and Another Vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:11593

¶2

Court No. - 13

¶3

Case :- APPLICATION U/S 482 No. - 1552 of 2025

¶4

Applicant :- Babadeen And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Of Home And 4 Others Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.,Dileep Singh

¶5

Hon'ble Rajeev Singh,J.

¶6

Heard learned counsel for the applicants, learned counsel for the opposite party nos.2 to 5 and learned A.G.A. for the State and perused the record.

¶7

The instant application has been filed for quashing the entire proceedings of the Criminal Case No.3256 of 1998 'State Vs. Om Prakash & Ors.' arising out of Case Crime No.357 of 1998 under Sections 467, 468, 420, 471 I.P.C., Police Station Colonelganj, District Gonda.

¶8

Learned counsel for the applicants submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.7 to the application.

¶9

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

¶10

Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

¶11

The court in that scenario will allow the parties

¶12

to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

¶13

For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.

¶14

Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same.

¶15

Order Date :- 24.2.2025 Gaurav/-

¶16

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Babadeen and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. of Home and 4 Others

Case brief

What is this about?

What did the court decide?

Babadeen and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. of Home and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mohd. Faisal Vs Ashfaq Husain @ Jiya and 10 Others

Pawan Kumar and 34 Others vs Mr. P. Guruprasad, Addl. Chief Secy./Prin. Secy. Deptt. of Revenue U.P. Lko. and Another

Gyan Prakash Srivastava vs State of U.P. Thru. Prin. Secy. Basic Education Lko. and 7 Others

Shivkaran vs U.P. State Warehousing Corporation Head Office Lko. Thru. Managing Director and 2 Others

Sankata Prasad vs Lavlesh Mishra, Consolidation Officer Dist. Balrampur

Jaiveer Singh vs Dr. Jitendra Kumar Tomar Director of Agriculture U.P. Lko. and Another