Disposed

Khubaib Ahmad v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 2 Others

Allahabad HC13 Jan 2025A482/251/2025

Case brief

AI extract

What is this about?

The High Court disposed of the Section 482 application seeking to quash proceedings arising from a charge sheet and connected criminal case based on an alleged compromise. The Court declined to quash the proceedings immediately, directing the trial court to verify the compromise in the presence of parties.

What did the court decide?

Direction to trial court to verify compromise; 1-month moratorium on coercive action.

Khubaib Ahmad vs State of U.P. Thru. Prin. Secy. Deptt… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:2114

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 251 of 2025

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Applicant :- Khubaib Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 2 Others Counsel for Applicant :- Abdul Alim Khan Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Mohd. Anas Siddiqui, Advocate on behalf of opposite party nos.2 and 3 is taken on record.

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Heard learned counsel for the applicant, learned counsel for opposite party nos.2 and 3, learned A.G.A. for the State and perused the record.

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The instant application has been filed for quashing the impugned charge sheet dated 17.04.1993 arising out of Case Crime No. 31/1993, Under Sections 323, 504 & 506 I.P.C., Police Station- Kaisarganj, District- Bahraich as well as the entire further criminal proceedings of Criminal Case No. 1524 of 2004 "State Vs. Anis & Others" pending before the learned Civil Judge (S.D)/ Additional Chief Judicial Magistrate, Baharaich.

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Learned counsel for the applicant submits 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.3 to the application.

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

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Accordingly, this application is disposed of with a direction to the trial 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.

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The court concerned in that scenario will allow the parties to

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

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

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

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Order Date :- 13.1.2025 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Khubaib Ahmad v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 2 Others

Case brief

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Khubaib Ahmad v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 2 Others

Case brief

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