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2025 DAILYLAW 144665 (ALL)

MOHD. ABBAS v. THE STATE OF U.P. and ANR.

A482/5039/2016 · 2025-02-21

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11228 Court No. - 14 Case :- APPLICATION U/S 482 No. - 5039 of 2016 Applicant :- Mohd. Abbas Opposite Party :- The State Of U.P. And Anr. Counsel for Applicant :- Sultan Hasan Ibrahim,Syed Ahmad Abbas Zaidi Counsel for Opposite Party :- Govt. Advocate,Aasif Razzaque Khan Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the applicant, Sri Aasif Razzaque Khan, learned counsel for opposite party no. 2 as well as learned A.G.A. for the State and perused the record. 2. The present application u/s 482 Cr.P.C. has been filed by the applicant with prayer to quash the charge sheet no. 116 of 2015 dated 1.6.2015 as well as cognizance taken by the learned C.J.M. Lucknow on the charge sheet dated 7.5.2016 in Case No. 1887 of 2016 arising out of Crime No. 137 of 2015, under Sections 354, 323, 506 IPC, Police Station Hazratganj, District Lucknow, relates to the applicant, in the interest of justice. 3. It is submitted by learned counsel for the applicant that in this case, an F.I.R. was lodged against the applicant under Sections 354, 323, 504 IPC and after investigation charge sheet was filed. Learned court concerned took cognizance of the offence. The order of cognizance dated 7.5.2016 was passed on printed proforma without applying its judicial mind. Further submitted that the complainant filed counter affidavit which is on record, in which she has stated clearly that she does not want to contest the matter before the learned court because it will affect her marital life. She also mentioned that due to misunderstanding made by other persons after due thought she lodged the present F.I.R. and was instigated by her father for lodging the F.I.R. She is not willing to pursue the case and it was lodged under wrong impression, therefore, request to quash the entire proceedings of the case. 4. Learned counsel for opposite party no. 2 as well as learned A.G.A. are also agreed with the fact of misunderstanding in lodging the F.I.R. by the complainant and they had no objection for quashing the entire proceedings of the case, since, complainant is not willing to prosecute the applicant before the learned trial court. 5. On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant, learned counsel for opposite party no. 2 as well as learned A.G.A. perusal of record, the contents in counter affidavit of the complainant that she is not willing to pursue the case and F.I.R. was lodged due to misunderstanding and instigated by other persons, this Court is of the opinion that if the proceedings are permitted to go on it will amount to abuse of process of law and process of the court. As a result, the order passed by the learned court concerned is liable to be quashed. 6. As a result the present application is allowed and the charge sheet no. 116 of 2015 dated 1.6.2015 as well as order of cognizance in Case No. 1887 of 2016 arising out of Crime No. 137 of 2015, under Sections 354, 323, 506 IPC, Police Station Hazratganj, District Lucknow as well as entire proceedings of the case are hereby quashed. Order Date :- 21.2.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench