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2025 DAILYLAW 157794 (ALL)

SHAHANAWAZ ALI @ SHANU AND OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND OTHERS

CRLP/6603/2024 · 2025-01-16

Om Prakash Shukla, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2821-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6603 of 2024 Petitioner :- Shahanawaz Ali @ Shanu And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for opposite party nos.4 and 5. 2. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 14.10.2023 bearing Case Crime No.0714 of 2023, under Sections 498A, 323, 504 I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station Thakurganj, District Lucknow, on the basis of comprmise. 3. On 25.9.2024, parties were directed to appear before the Senior Registrar for verification of compromise. 4. The report of the Senior Registrar of this Court dated 15.10.2024 is on record, according to which, he has verified the compromise on 15.10.2024. The original compromise is on record which has been annexed as Annexure-1 to the Interlocutory Application No.2 of 2024. 5. According to the terms of the compromise, parties have decided to withdraw all the cases filed by them against each other including First Information Report dated 14.10.2023 bearing Case Crime No.0714 of 2023, under Sections 498A, 323, 504 I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station Thakurganj, District Lucknow. 6. Learned counsel for the parties state that the money under the said compromise is already paid/settled between the parties. 7. Intent is clear, the informant-Sayad Zahid Akbar and Shadan Akbar, who are signatory to the compromise, do not want to press the FIR, therefore, no purpose would be served in allowing the proceedings even if charge sheet has been filed before the court below to go on considering the nature of the dispute. 8. Accordingly, the impugned FIR, which is the basis to serve consequential proceedings of investigation and thereafter filing of charge sheet, if any, is hereby quashed. Consequently, all proceedings taken consequent to the lodging of the FIR including charge sheet, if any, filed before the court below stand quashed. 9. The writ petition is, accordingly, allowed. 10. The Senior Registrar of this Court shall communicate this order to the court concerned for correcting its record, accordingly. 11. Learned AGA shall communicate this order to the investigating officer. . [Om Prakash Shukla,J.] [Vivek Chaudhary,J.] Order Date :- 16.1.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench