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2025 DAILYLAW 143882 (ALL)

MOHD. SHAFEEK @ LUCKY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/4749/2025 · 2025-07-03

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37671 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4749 of 2025 Applicant :- Mohd. Shafeek @ Lucky Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Indrajeet Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Indrajeet, the learned counsel for the applicant, Sri Ashok Kumar Verma, the learned A.G.A. and Sri Amit Kumar Srivastava, Advocate who has filed his vakalatnama on behalf of the opposite party no.2 is taken on record. 2. By means of the present application filed under Section 482 Cr.P.C, the applicant has challenged the validity of the summoning order dated 03.02.2022 as well as charge sheet dated 29.01.2022 arising out of Case Crime No. 246 of 2021, under Sections 323, 504, 506, 420, 376 I.P.C and (2) 5 of S.C./S.T. Act, P.S. Bazar Khala, District Lucknow along with the entire criminal proceedings of Session Trial No. 178 of 2022. 3. The aforesaid case was instituted on the basis of an FIR lodged in furtherance of an application section 156(3) Cr.P.C on 23.11.20 21 against the applicant- Md. Shafeeq @ Lucky and his father- Mohd. Lateeq Khan, stating that the informant is a widow who lives with her son. She came into contact with the applicant in the year 2015, and he kept on making physical relations with her during the past seven years. The applicant had borrowed some money from the informant. He declined to marry the informant and did not repay the money paid by the informant. 4. After investigation, the Investigating Officer has submitted a charge sheet on 29.01.2022 and the trial court took cognizance of the offence on 03.02.2022 against the applicant only. 5. During pendency of the proceedings, the parties have arrived at settlement, which has been annexed with the application wherein the opposite party No.2 has stated that there was only monetary transactions between the parties and no other incident took place against the informant. Now she has resolved her dispute with the applicant and applicant has repaid the money lent by the opposite party No.2. Now the opposite party No.2. does not want any proceedings to continue against the application. 6. Learned counsel for the opposite party No.2. has filed a short counter affidavit attempting that the dispute between her and the applicant hase been settled. She has specifically stated in para 8 of the affidavit that the criminal proceedings against the applicant are malicious proceedings, which are liable to be quashed being wholly arbitrary and illegal. In view of the aforesaid statement given by the opposite party no.2 on Oath continuance of criminal proceedings against the applicant would be sheer abuse of the process of law. 7. Accordingly, the instant application is allowed and the summoning order dated 03.02.2022 as well as charge sheet dated 29.01.2022 arising out of Case Crime No. 246 of 2021, under Sections 323, 504, 506, 420, 376 I.P.C and (2) 5 of S.C./S.T. Act, P.S. Bazar Khala, District Lucknow along with the entire criminal proceedings of Session Trial No. 178 of 2022 are hereby quashed. . (Subhash Vidyarthi,J.) Order Date :- 3.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench