MOHAMMAD ZAKIR @ ZAKIR ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
A482/6287/2025 · 2025-08-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155567 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155567 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44893 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6287 of 2025 Applicant :- Mohammad Zakir @ Zakir Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Ravindra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Ravindra Kumar Singh, learned counsel for the applicant; Shri Shekhar Srivastava, the leaned A.G.A., and Sri Muzammil Asad, Advocate, who has put in appearance on behalf of opposite party No. 2 by filing his vakalatnama alongwith the counter-affidavit, which are taken on record. 2. By means of the instant application the Applicants have sought quashing of the Chargesheet and the summoning/cognizance order dated 08.04.2015 in Case No. 18100 of 2015, arising out of Case Crime No. 987 of 2013 under Sections 498-A, 323, I.P.C. and 3/4, Dowry Prohibition Act, pending in the court of Addl. Chief Judicial Magistrate-V, Lucknow, as also the entire proceedings of the said case, on the ground that the parties have entered into a compromise. 3. The aforesaid case was instituted on the basis of a First Information Report lodged by the Opposite Party No. 2 on 12- 12-2013 against the Applicant, stating that she had got married to the Applicant before five years. The applicant used to harass her demanding dowry. 4. After investigation, charge sheet was submitted against the applicant. During pendency of proceedings, the parties have entered into an agreement/compromise. Agreement/compromise has been annexed as Annexure-4 to the application. Parties have got their marriage dissolved by divorce and they have resolved all their disputes. 5. Learned counsel for opposite party No. 2 has also supported the prayer for quashing the proceedings. 6. I have considered the submissions of learned counsel for the parties. 7.
Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and
another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility. 8. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and proceedings of Chargesheet and the summoning/cognizance order dated 08.04.2015 in Case No. 18100 of 2015, arising out of Case Crime No. 987 of 2013 under Sections 498-A, 323, I.P.C. and 3/4, Dowry Prohibition Act, pending in the court of Addl. Chief Judicial Magistrate-V, Lucknow, as also the entire proceedings of the said case, are hereby quashed. (Subhash Vidyarthi, J.)
Order Date :- 1.8.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench