MOHD. ASIF KHAN @ ASIF KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND OTHERS
CRLP/1238/2025 · 2025-09-22
Rajesh Singh Chauhan, S Q H Rizvi
body2025
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[ 2025 DAILYLAW 122923 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 122923 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 1238 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard.
2. In the connected matter i.e. Criminal Misc. Writ Petition No. 557 of 2025, this Court has passed the following order:
"1. Heard.
2. By means of the present petition, the petitioners have prayed for quashing of the First Information Report dated 12.01.2025 bearing FIR/Case Crime No.0022 of 2025, under Sections 85, 115(2), 352, BNS and Section 3/4 D.P Act, Police Station Kotwali Nagar, District Ayodhya.
3. This Court vide order dated 22.01.2025 directed the parties to appear before the Mediation & Conciliation Centre of this Court for settlement of their dispute through mediation.
4. In compliance of the aforesaid order, the parties appeared before the Mediation & Conciliation Centre of this Court and the Mediators have submitted its report dated 22.04.2025, which is on record. The report of the Mediators dated 22.04.2025 with remarks "Mediation completed. No agreement."
5. Be that as it may, since the investigation is going on in the matter and the offences under which the FIR has been lodged are having cognizable offences, however, the punishment under which is upto seven years, therefore, the petitioners are entitled for the benefit of dictum of Hon'ble Apex Court in the case of Satender Kumar Antil vs. CBI and another, Versus Counsel for Petitioner(s) : Mohd. Raziullah, Saksham Mishra, Zartab Qamar Counsel for Respondent(s) : G.A. Mohd. Asif Khan @ Asif Khan And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others .....Respondent(s)
Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51.
6. In view of the aforesaid terms, the present writ petition is disposed of finally.
7. Interim order, if any, stands vacated.
8. Consigned to the records."
3. The present petition is also disposed of in terms of the aforesaid order. September 22, 2025 Arun CRLP No. 1238 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench