USMAN MIRZA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/2605/2025 · 2025-04-03
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129568 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129568 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18689 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2605 of 2025 Applicant :- Usman Mirza And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Savita Jain Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred for the following relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court by exercising its inherent power as provided under Section 482 Cr.P.C. read with section 528 B.N.S.S. may kindly be pleased to quash the charge sheet dated 05.06.2023 submitted by the investigation officer against the applicants and summoning order dated 22.02.2024 issued by Special Additional Chief Judicial Magistrate, C.B.I. (A.P.), Lucknow in Case No.393/2024 "State of U.P. Vs. Usman Mirza and others" arising out of case crime no.502/2022 as contained in annexure no.1 & 2 respectively to this application and further be pleased to quash the entire proceeding of Case No.393/2024 "State of U.P. Vs. Usman Mirza and others" pending in the court of Special Additional Chief Judicial Magistrate, C.B.I. (A.Ρ.), Lucknow, in the interest of justice. It is further prayed that proceeding of Case No.393/2024 "State of U.P. Vs. Usman Mirza and others", pending in the court of Special Additional Chief Judicial Magistrate, C.B.I. (A.P.), Lucknow, may kindly be stayed during pendency of this application."
2. Learned counsel for the applicants has submitted that the opposite party no.2 has lodged an FIR on 10.09.2022 under Sections 323, 354, 498-A, 504, 506 IPC, 1860 and Section 3/4 Dowry Prohibition Act, 1961. After filing of the FIR, a compromise dated 03.01.2023 has entered into between the applicant no.1 and the opposite party no.2 and since then, as per the terms of the compromise, both are living separately. 3. Relied upon compromise entered into between the applicant no.1 and the opposite party no.2 and after going through the same, the said alleged compromise does not talk about the criminal case(s) lodged by the opposite party no.2 against the applicants. On that basis, it cannot be said that the alleged offences for which applicants have been charged are not attracted against the applicants. 4.
Charge sheet has been filed and this Court cannot hold the mini trial in the proceedings under Section 482 Cr.P.C. particularly when the learned counsel for the applicants has only placed reliance upon the alleged notarised compromise which does not talk about the criminal case(s) pending against the applicants lodged by the opposite party no.2. 5. During the course of argument, learned counsel for the applicants has also informed that the opposite party no.2 had not participated in the mediation proceedings so it has failed. 6. In view of aforesaid, the present application is hereby dismissed. Order Date :- 3.4.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench