Disposed

Mohd. Saquib and 2 Others v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and Another

Allahabad HC30 Jan 2025A482/879/2025

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AI extract

What is this about?

Section 482 CrPC application disposed on compromise; quashing of charge sheet deferred pending trial-court verification; Case Crime No. 68/2022 U/S 406 IPC P.S. Cantt. District Ayodhya; Charge Sheet No. 108/2022 dated 13.04.2022; Case No. 2192/2022 State Vs. Mohd. Saquib Ansari before Additional Chief Judicial Magistrate-I Faizabad/Ayodhya; compromise deed to be verified in presence of parties wit

What did the court decide?

Application disposed of finally without immediate quashing: parties directed to appear and file the compromise deed before the concerned court within four weeks; concerned court to verify the compromi

Mohd. Saquib and 2 Others Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:6518

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 879 of 2025

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Applicant :- Mohd. Saquib And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Ali Abbas Ansari Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicants, learned AGA for the State of U.P. 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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"(i) to quash the impugned Charge Sheet dated 13.04.2022 (Charge Sheet No. 108/2022) filed by the Investigating Officer against the applicants in Case Crime No. 68/2022, U/S. 406 I.P.C., Police Station-Cantt., District-Ayodhya, filed by the Investigating Officer against the applicants, as contained Annexure No. 1 to this application.

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(ii) to quash the impugned entire criminal proceeding of the Case No. 2192/2022, State Vs. Mohd. Saquib Ansari and others, initiated in pursuance of the Charge Sheet dated 13.04.2022 (Charge Sheet No. 108/2022) filed by the Investigating Officer against the applicants in Case Crime No. 68/2022, U/S. 406 I.P.C., Police Station-Cantt., DistrictAyodhya, which is pending in the Court of Learned Additional Chief Judicial Magistrate-I, Faizabad/Ayodhya."

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Learned counsel for the applicants 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.4 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

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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. Case No. 2192/2022, State Vs. Mohd. Saquib Ansari and others, initiated in pursuance of the Charge Sheet dated 13.04.2022 (Charge Sheet No.108/2022) filed by the Investigating Officer against the applicants in Case Crime No. 68/2022, U/S. 406 I.P.C., Police Station-Cantt., District-Ayodhya, which is pending in the Court of Learned Additional Chief Judicial Magistrate-I, Faizabad/Ayodhya , 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 applicants 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 applicants, 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 applicants in the aforesaid case.

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Order Date :- 30.1.2025

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ML/-

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

Mohd. Saquib and 2 Others v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and Another

Case brief

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Mohd. Saquib and 2 Others v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and Another

Case brief

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