Dismissed

Alim Ahmad and 6 Others v. State of U.P. and Another

Allahabad HC23 Jan 2025A482/40630/2024

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash criminal proceedings based on a compromise between the accused and the prosecutrix. The Court held the application misconceived because the compromise had not been filed before the trial court below, granting liberty to file a fresh application after doing so.

What did the court decide?

Liberty granted to file a fresh application under Section 482 Cr.P.C. after filing the compromise before the trial court.

Alim Ahmad and 6 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:12197

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 40630 of 2024

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Applicant :- Alim Ahmad And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Bipin Kumar Tripathi, the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and Mr. Praveen Mani Shandlya, who has put in appearance on behalf of the prosecutrix-first informant-opposite party-2 by filing his Vakalatnama in Court today, which is taken on record.

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Perused the record.

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Applicants-Alim Ahmad and 6 Others, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-

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"It is, therefore most respectfully prayed that this Hon'ble court may be pleased to allow the present application U/s 482 Cr.pc. and quash the entire proceedings of Session Trial no. 355 of 2024, (State of U.P. Vs Vakeel Ahmad & others), under section 454, 420, 323, 504, 506, 376(2) (n) I.P.C., Pending in the court of F.T.C.1, Bareilly, pursuant to impugned chargesheet dated 5.12.2023 as well as impugned cognizance order dated 30.1.2024 arising out of case crime No. 367 of 2023, Police stationDeoraniya, District-Bareilly in terms of settlement/ compromise undertaken between the victim/opposite party no.2 as well as accused applicants.

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It is further prayed that this Hon'ble court may be pleased to stay the further proceeding proceedings of Session Trial no. 355 of 2024, (State of U.P. Vs Vakeel Ahmad & others), Pending in the court of F.T.C.1st, Bareilly, during the pendency of present application, otherwise the applicants shall suffer an irreparable loss and/ other and further or may pass any which order this Hon'ble court may deem fit and proper in the facts and circumstances of the present case in the interest of justice."

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Learned counsel for applicants submits that during pendency of aforementioned criminal case, parties amicably settled their dispute outside the Court. On the basis of settlement arrived at between the parties, a compromise was entered into. Subsequently, the terms of compromise were reduced in writing. Thereafter, a joint compromise application was prepared. Photo copy of the same is on record at page 81 of the paper book.

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At this juncture, the Court raised a pointed query, as to whether the said compromise has been filed before Court below or not.

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Learned counsel for applicants fairly submits that the said compromise has not yet been filed before Court below.

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In view of above, this application is misconceived and therefore, liable to be dismissed at this stage.

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It is, accordingly, dismissed at this stage with liberty to applicants to file a fresh application under Section 482 Cr.P.C. after a comprehensive compromise has been duly filed before Court below.

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Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicants after obtaining photo copies of the same to be kept on record.

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Order Date :- 23.1.2025 Vinay

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad

Alim Ahmad and 6 Others v. State of U.P. and Another

Case brief

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Alim Ahmad and 6 Others v. State of U.P. and Another

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