BABLU @ RIYAJUDDEEN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND OTHERS
CRLP/5700/2025 · 2025-08-18
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148154 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148154 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48203-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5700 of 2025 Petitioner :- Bablu @ Riyajuddeen And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Suresh Kumar Yadav Counsel for Respondent :- G.A.,Sarvesh Baranwal Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard.
2. This Court has passed the order dated 26.06.2025, which reads as under:-
"1. Vakalatnama filed by Sri Sarvesh Baranwal, Advocate on behalf of opposite party No. 4 is taken on record.
2. Learned counsel for the petitioner has filed supplementary affidavit today in Court. The same is also taken on record.
3. Heard learned counsel for the petitioners and learned counsel for the opposite party No.4 and learned A.G.A. for the State.
4. This petition has been filed for quashing the First Information Report dated 25.05.2025 bearing No. 0158 of 2025,under Section 85, 115 (2), 352, 351(3) BNS 2023 and Section 3/4 of Dowry Prohibition Act, Police Station Kaiserganj, District Bahraich.
5. It is argued that the matter has been amicably settled between the parties and a settlement agreement/compromise has been brought on record. The original compromise deed dated 23.06.2025 between the parties is annexed as Annexure No.SA-1 to the supplementary affidavit.
6. Learned counsel for opposite party no.4 did not dispute the submission of counsel for the petitioner, rather he supported the submission of the
learned counsel for the petitioners that dispute between the parties has been resolved by way of compromise on 23.06.2025. 7. Let the parties appear before the Senior Registrar of this Court on 03.07.2025 for verification of the compromise. 8. List this case on 08.07.2025 showing name of Sri Sarvesh Baranwal, as counsel for the opposite party. 9. Learned Senior Registrar shall furnish a report after verifying the terms of compromise on the next date fixed. 10. In the meanwhile, no coercive action shall be taken against any of the petitioners."
3. In compliance of the aforesaid order, parties appeared before the Senior Registrar of this Court on 03.07.2025 and the Senior Registrar submitted verification report dated 03.07.2025, which reads as under:-
"Vide Hon'ble Court's order dated 26-06-2025, both parties were directed to appear before the undersigned today for verification of compromise deed. The said compromise has been annexed in original with Annexure No. SA-1 to C. М. Application No. nil dated 24-06-2025. Today, petitioners namely (1) Bablu @ Riyajuddeen S/o Adarak @ Bagelu, (2) Ajrul @ Ajratul W/o Adrak Ahmad @ Bagelu and (3) Ishraful @ Ishraykun Nisha W/o Sajjan alongwith their learned counsel Shri Suresh Kumar Yadav, Advocate AND opposite party No. 4 Hajra Bano D/o Jameel Ahmad, W/o Bablu @ Riyajuddeen alongwith her learned counsel Shri Sarvesh Baranwal, Advocate are present before me. Vakalatnama of counsels for both the parties are on record. The proof of identity i.e. original Aadhar Cards are produced by both the parties, at the time of verification. The contents of the said compromise deed have been read over and explained to both the parties to the compromise deed and they have accepted the execution of the same according to their free will and as a token thereof they have affixed their photographs, put L.T.Is. and signatures, which are duly attested and verified by their respective counsels. In view of the said facts, the compromise between petitioners namely (1) Bablu @ Riyajuddeen S/o Adarak @ Bagelu, (2) Ajrul @ Ajratul W/o Adrak Ahmad @Bagelu and (3) Ishraful @ Ishraykun Nisha W/o Sajjan AND opposite party No. 4 Hajra Bano D/o Jameel Ahmad, W/o Bablu @ Riyajuddeen is being verified by me today i.e. 3rd day of July, 2025. The report is submitted before Hon'ble Court for orders."
4.
Learned counsels for the parties have stated that they are not willing to contest the case pursuant to the impugned FIR dated 25.05.2025 bearing No.0158 of 2025, under Sections 85, 115 (2), 352, 351(3) BNS, 2023 and Section 3/4 of Dowry Prohibition Act, Police Station Kaiserganj, District Bahraich. 5. Learned counsel for the petitioners has stated that the impugned FIR may be set aside/quashed on the basis of compromise dated 23.06.2025. 6. Learned AGA has not disputed the fact that the parties have entered into compromise and the compromise deed has been verified by the Senior Registrar of this Court, therefore, he has stated that any appropriate order, in the interest of justice, may be passed. 7. The Apex Court in re: Unnikrishnan alias Unnikuttan vs. State of Kerala, reported in (2018) 15 Supreme Court Cases 343, has observed that even if the offence(s) in question is / are not compoundable within the scope of Section 320 Cr.P.C. even then considering the facts and circumstances of the case in question the Constitutional Court may allow the parties to compound such offence(s) on the basis of compromise arrived at between the parties. 8. Not only the above, considering the facts and circumstances of the issue in question and other dictums of the Apex Court in re: B.S. Joshi and others Vs.
State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab, (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak, (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish, (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup, (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh, (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat, (2017) 9 SCC 641, the First Information Report dated 25.05.2025 bearing No.0158 of 2025, under Sections 85, 115 (2), 352, 351(3) of B.N.S., 2023 and Section 3/4 of Dowry Prohibition Act, Police Station- Kaiserganj, District- Bahraich is hereby quashed in respect of the present petitioners on the basis of compromise. 9. The petition is, therefore, allowed. [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan,J.]
Order Date :- 18.8.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench