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2025 DAILYLAW 157074 (ALL)

FIROZ KHAN @ KHAN FIROZ AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6668/2025 · 2025-08-19

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48508 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6668 of 2025 Applicant :- Firoz Khan @ Khan Firoz And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Salman Abbas,Syed Waqar Husain Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Vakalatnama filed today by Ms. Syed Shaheen Fatma, Advocate on behalf of opposite party no. 2 is taken on record. Heard learned counsel for the applicants, Ms. Syed Shaheen Fatma, learned counsel appearing for opposite party no. 2 and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet filed in Case No. 43 of 2024, arising out of Case Crime No. 232 of 2023, under Sections 498A, 323, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Rehra Bazar, District Balrampur and summoning order dated 25.04.2024 as well as entire proceedings in pursuance thereof. Learned counsel for the applicants submits that the dispute is purely civil in nature, as there is a matrimonial dispute in between the husband and the wife and due to which the instant FIR has been lodged and criminal proceedings have been initiated against the applicants. He next added that later on, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 07.09.2024, which has been annexed as Annexure No. 5 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped. Learned AGA appearing for the State has no objection to the contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of three months, the criminal proceedings initiated in pursuance of Case No. 43 of 2024, arising out of Case Crime No. 232 of 2023, under Sections 498A, 323, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Rehra Bazar, District Balrampur, shall remain stayed, so far as the present applicants are concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. Office is directed to return back the original compromise deed dated 07.09.2024 to learned counsel for the applicants within a week. Order Date :- 19.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench