SMT. SHAYRA BANO AND 4 OTHERS v. THE STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/3285/2025 · 2025-04-18
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134512 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134512 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21953 Court No. - 19 Case :- APPLICATION U/S 482 No. - 3285 of 2025 Applicant :- Smt. Shayra Bano And 4 Others Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mohammad Imaran,Mohd. Imran Khan Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J. 1.Vakalatnama filed today by Mohd. Vakar Khan, Advocate on behalf of opposite party no.2 is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and Mohd. Vakar Khan, learned counsel for respondent no.2. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants for quashing the Charge Sheet dated 25.11.2023 arising out of Case Crime No.281 of 2023, under Sections 498-A, 323, 504 and 506 I.P.C. & Section 3/4 of Dowry Prohibition Act, 1961 and Section 3/4 of Muslim Women (Protection of Rights on Marriage), Act, 2019, P.S. Purwa, District Unnao as well as summoning order dated 03.04.2025 passed by the Civil Judge (Junior Division)/F.T.C. (Crime Against Women), Unnao in Criminal Case No.66 of
2025. 4. It is 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 the application for disposal. Thus, it is submitted that keeping in view the settlement arrived at between the parties and the law laid down by the Apex Court in this regard, the proceedings impugned are liable to be quashed. 5. 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. 6. Considering the aforesaid fact, this application under Section 482 Cr.P.C. is disposed off with the following terms:-
(i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within a period of 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 certified 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 applicants 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 applicants, 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 applicants in the aforesaid case. Order Date :- 18.4.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad, Lucknow Bench