FAHAD AHMAD v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
/174/2025 · 2025-01-13
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115684 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115684 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2249 Court No. - 12 Case :- APPLICATION U/S 482 No. - 174 of 2025 Applicant :- Fahad Ahmad Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A.,Ajay Kumar Tripathi Connected with Case :- APPLICATION U/S 482 No. - 12530 of 2023 Applicant :- Ishityaq Ahmad And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Civils Ecrt. Lko. And Another Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A.,Amjad Khan,Gaurav Krishna,Rohit Ranjan Hon'ble Saurabh Lavania,J.
1. Since both the applications arise out of the same case crime number, the same are being disposed of by a common order. 2. Shri Ajay Kumar Tripathi, Advocate, has put in appearance for the private opposite party no.2 by filing his Vakalatnama (in Application u/s 482 No.174 of 2025), which is taken on record. 3. Heard learned counsel for the applicant(s), learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 4. Application No.174 of 2025 under Section 482 Cr.P.C. now Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short
"BNSS") has been filed for the following main relief(s):-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Summoning order dated 18.11.2023 passed by Chief Judicial Magistrate Barabanki and charge sheet no. 696/2023 dated 20.08.2023 in Case No.26843/2023, Crime No. 723/2023, Under Sections 498A,323,504,506 I.P.C. and 3/4 D.P. Act and 3/4 Muslim Women (Protection of Rights on Marriage) Act 2019, Police Station Kotwali, District Barabanki and entire proceeding of Case No.26843/2023, Crime No. 723/2023, Under Sections 498A,323,504, 506 I.P.C. and 3/4 D.P. Act
and 3/4 Muslim Women (Protection of Rights on Marriage) Act 2019, Police Station Kotwali, District Barabanki contained in Annexure no. 1 and 2 to this application."
5. Application No.174 of 2025 under Section 482 Cr.P.C. now Section 528 of BNSS has been filed for the following main relief(s):-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Summoning order dated 11.2023 passed by Chief Judicial Magistrate Barabanki and chargesheet no.
696/2023 dated 20.08.2023 in Case No.26843/2023, Crime No.723/2023, Under Sections 498A,323,504,506 I.P.C. and 3/4 D.P. Act, Police Station Kotwali, District Barabanki and entire proceeding of Case No.26843/2023, Crime No. 723/2023, Under Sections 498A,323,504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kotwali, District Barabanki contained in Annexure no.1 and 2 to this petition."
6. Learned counsel for the applicant(s) 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 Application No.174 of 2025. 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. 7. 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 concerned before the Court. 8. Considering the aforesaid, these applications are disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within four weeks from today. (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. (iii) The concerned Court shall conclude the process of verification of compromise within two weeks from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record.
It is for the purposes for its verification by the concerned Court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. Order Date :- 13.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench