SHEELA ALIAS SHEELA DEVI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND 3 OTHERS
CRLP/403/2025 · 2025-01-22
Om Prakash Shukla, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 117579 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117579 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4320-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 403 of 2025 Petitioner :- Sheela Alias Sheela Devi And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 3 Others Counsel for Petitioner :- Chandan Srivastava,Lavkush Yadav,Rajneesh Kumar Singh,Viresh Pratap Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J.
1. Vakalatnama alongwith short counter affidavit filed today in the Court by Shri Surya Prakash, Advocate on behalf of the respondent No.4 is taken on record. 2. Heard the learned Counsel for the petitioner, the learned Counsel for the respondent No.4 and learned A.G.A. for the State-respondents. 3. This petition has been filed on behalf of the petitioners seeking following main relief:-
"i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report No.0006/2025 under Sections 85, 115(2), 352 and 109 of B.N.S., 2023 and Section 3/4 of Dowry Prohibition Act, 1961 with Police Station- Gosainganj, District Ayodhya."
4. The learned Counsel for the petitioners submits that it is a case of matrimonial dispute between the petitioners and respondent No.4, which has been compromised due to intervention of the family friends. Learned Counsel for the respondent No.4 does not dispute this fact and submits that the compromise/settlement is annexed with the short counter affidavit filed today in the Court. 5. In view of the above, the petitioners and the respondent No.4 are directed to approach the respondent No.3 i.e. Station House Officer, Police Station-Gosainganj, District-Ayodhya on 30.01.2025 at 2:00 P.M. and place the original compromise/settlement before him, on which the respondent
No.3 shall examine and verify the compromise/settlement arrived between the parties and take appropriate decision within a week when such compromise is produced before him and thereafter, he shall file an appropriate report before the trial court concerned. 6. Till the time such report is filed before the trial court concerned and a decision is taken by the trial, the petitioners shall not be arrested in pursuance of the impugned FIR. 7. With the aforesaid directions/ observations, the writ petition stands disposed of. 8. Office is directed to return the original compromise/settlement to learned Counsel for the petitioners after keeping a photostat copy of the same on record.
[Om Prakash Shukla, J.] [Sangeeta Chandra, J.] Order Date :- 22.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench