SHAFI AHMAD @ SHAFIULLA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER
A482/6594/2025 · 2025-08-12
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157305 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157305 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47169 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6594 of 2025 Applicant :- Shafi Ahmad @ Shafiulla And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Mohd. Vakar Khan,Abdul Alim Khan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the appellant(s), learned AGA for the State, as well as Sri Mohd. Anas Siddiqui, Advocate, who has put in appearance and filed his Vakalatnama on behalf of opposite party no. 2, and perused the record. The Vakalatnama is taken on record. 2. Supplementary affidavit, filed on behalf of the applicants, is taken on record. 3. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Criminal Case No.10667/2024 (State Vs. Shafi Ahmad @ Shafiullah & others), to quash to charge-sheet dated 29.03.2023 filed in Case Crime No.31/2023, under Sections 498-A, 323 and 506 IPC read with Section 3/4 Dowry Prohibition Act, 1961 lodged at Police Station Mahila Thana, District Bahraich as well as to quash the order dated 03.07.2024 passed by the learned Additional Civil Judge (S.D.) Newly Created, Bahraich on the ground that the parties have arrived at a settlement/compromise. 4. Learned counsel appearing for the applicant submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing, a copy of which has been annexed as Annexure-4 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. 5.
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. 6. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 7. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial Court as such compromise has to be duly verified in presence of the parties concerned before the trial Court. 8. Accordingly, this application is disposed of with a direction to the trial 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. 9. The trial 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 applicant to approach this Court again for quashing of the proceedings. 10. For a period of three months, the proceedings of Criminal Case No.10667/2024 (State Vs. Shafi Ahmad @ Shafiullah & others), arising out of Case Crime No.31/2023, under Sections 498-A, 323 and 506 IPC read with Section 3/4 Dowry Prohibition Act, 1961 lodged at Police Station Mahila Thana, District Bahraich, shall remain stayed so far as present applicants are concerned. 11.
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. [Shree Prakash Singh, J.] Order Date :- 12.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench