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2025 DAILYLAW 115481 (ALL)

DHEERAJ AND 8 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS

/201/2025 · 2025-01-31

Sangeeta Chandra, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6933-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 201 of 2025 Petitioner :- Dheeraj And 8 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Dhruvendra Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. (1) Heard the learned counsel for the petitioners and the learned Standing counsel who appears for the State- respondents nos.1, 2 & 3. (2) This petition has been filed by the petitioner for the following main prayers:- "i) Issue a writ, order or direction in the nature of Certiorari quashing of the impugned F.I.R. dated 03.10.2024 of Case Crime/FIR No.50/2024, under Sections 494, 376D, 323 and 506 IPC at Police Station Mahila Thana, District Unnao, as contained in Annexure No.1 on the basis of compromise dated 21.12.2024 as contained in Annexure No.2 to this writ petition only in respect of petitioners in the interest of justice. ii) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite parties concerned to not harass and arrest the petitioners in pursuance of impugned F.I.R. dated 03.10.2024 of Case Crime/FIR No.50/2024, under Sections 494, 376D, 323 and 506 IPC at Police Station Mahila Thana, District Unnao, as contained in Annexure No.1 on the basis of compromise dated 21.12.2024 as contained in Annexure No.2 to this writ petition only in respect of petitioners in the interest of justice." (3) It has been submitted by the learned counsel for the petitioners that the dispute is matrimonial in nature and has been settled between the parties through intervention of some well wishers. (4) Shri Laxmi Narayan Gupta, Advocate, has filed his Power on behalf of the complainant, the opposite party no.4. He does not dispute this contention regarding the compromise having occurred between the parties. True copy of compromise has also been filed as Annexure to the writ petition. (5) This writ petition is finally disposed of with a direction to the parties to approach the Station House Officer, Mahila Thana, District Unnao, on 10.02.2025 alongwith copy of the compromise. The S.H.O. shall verify the compromise and present his report to the Court concerned within two weeks thereafter. The Court concerned shall try and pass an appropriate order as expeditiously as possible. (6) Till an appropriate report is submitted by the S.H.O., Mahila Thana, District Unnao, to the Court concerned, the petitioners nos.1 to 9 namely Dheeraj, Ramashrey, Soni, Maya Devi, Neeraj alias Dharmendra, Chammo, Dayaram, Priyanka and Surajpal respectively shall not be arrested in pursuance of the impugned F.I.R. dated 03.10.2024 relating to Case Crime/FIR No.50/2024, under Sections 494, 376D, 323 and 506 IPC at Police Station Mahila Thana, District Unnao subject to their full cooperation in the investigation. (7) The office is directed to return the original compromise after retaining photocopy of the same on record. Order Date :- 31.1.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench