SMT. SHAYRA BANO AND 4 OTHERS v. THE STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME, LKO. AND ANOTHER
A482/5201/2025 · 2025-06-26
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147267 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147267 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36598 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5201 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.,Ritesh Kumar Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Ritesh Kumar, Advocate who has filed his vakalatnama on behalf of opposite party no.2 and perused the record. By means of the instant application, the applicants have prayed to quash the impugned charge-sheet dated 25.11.2023 arising out of Case Crime No. 281/2023, under sections 498-A, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act, 1961 & 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 pertaining to Police Station Purwa, District - Unnao as well as the impugned summoning order dated 03.04.2025 passed by the learned Civil Judge (Junior Division)/F.T.C. (Crime Against Women), Unnao in Criminal Case 66/2025 [State Versus Naseem & others], in terms of compromise dated 04.04.2025, as contained in Annexure No.1&2 to this application. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 18.04.2025, the verification was done and report has been submitted to this Court vide order dated 09.05.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No. 281/2023 may be quashed.
Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that the parties have amicably settled their dispute and the opposite party no. 2 has no grievance, hence, criminal
proceedings against the applicants may be dropped.
Learned counsel for the State has no objection to the
submissions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties and said compromise has been verified on 09.05.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No. 281/2023. In view of the above, as the applicants and opposite parties have entered into compromise and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. Accordingly, criminal proceedings with regard to impugned charge-sheet dated 25.11.2023 arising out of Case Crime No. 281/2023, under sections 498-A, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act, 1961 & 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 pertaining to Police Station Purwa, District - Unnao as well as the impugned summoning order dated 03.04.2025 passed by the learned Civil Judge (Junior Division)/F.T.C. (Crime Against Women), Unnao in Criminal Case 66/2025 are hereby quashed. The compromise shall be the part of this order. The application is allowed accordingly. Consigned to record.
Order Date :- 26.6.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench