Kayde Azam vs State Of U.P. And Another
2016 Latest Caselaw 6313 ALL

Citation : 2016 Latest Caselaw 6313 ALL
Judgement Date : 30 September, 2016

Allahabad High Court

Kayde Azam vs State Of U.P. And Another on 30 September, 2016

Bench: Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- APPLICATION U/S 482 No. - 28252 of 2016
 

 
Applicant :- Kayde Azam
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- R.B. Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the applicant and learned A.G.A. for the State of U.P. and perused the record.

The instant petition has been filed by the applicant with a prayer to quash the entire proceeding of Case No.377 of 2013 (State Vs. Kayde Azam) arising out of Case Crime No.807 of 2012, under sections 363, 366 I.P.C., Police Station Obara, District Sonebhadra pending in the Court of learned Additional Chief Judicial Magistrate, Sonbhadra.

It is submitted by learned counsel for the applicant that the both parties have entered into a compromise for settling all disputes between them. In this regard the applicant has already filed an Application u/s 482 Cr.P.C. No.27421 of 2015 before another Bench of this Court. The aforesaid application was disposed of vide order dated 14.9.2015 by another Bench of this Court with a direction to the parties to file the compromise application before the court concerned for verification of the compromise. In compliance of the order dated 14.9.2015 the compromise application has been verified vide order dated 24.6.2016 by Civil Judge (Junior Division), Allahabad. The applicant is maliciously being prosecuted which is nothing but sheer abuse of the process of law, the same is liable to be quashed.

The matter requires consideration.

Let notice be issued to opposite party no.2 returnable within three weeks, who shall file counter affidavit within the said period.

Learned A.G.A. may also file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

Let the case be listed on 25.10.2016 before the appropriate Bench.

Till the next date of listing, no coercive action shall be taken against the applicant in Case No.377 of 2013 (State Vs. Kayde Azam) arising out of Case Crime No.807 of 2012, under sections 363, 366 I.P.C., Police Station Obara, District Sonebhadra.

Order Date :- 30.9.2016