SHAFI AHMAD @ SHAFIULLA AND 3 OTHERS v. THE STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/7247/2025 · 2025-09-01
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161232 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161232 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7247 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Exemption application filed by learned counsel for the applicants is hereby allowed. 2. Mr. Mohd. Anas Siddiqui, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2, the same is taken on record. 3. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record. 4. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 29.03.2023 arising out of Case Crime No. 31/2023, under sections 498-A, 323, 506 IPC & 3/4 Dowry Prohibition Act, 1961 pertaining to Police Station - Mahila Thana, District Baharaich as well as the impugned summoning order dated 03.07.2024 passed by the learned Additional Civil Judge (S.D.), Newly Created, Baharaich in Criminal Case 10667/2024 [State Versus Shafi Ahmad @ Shafiullah & Others], including the entire consequential proceedings thereof in terms of compromise, in terms of compromise dated 30.07.2025, as contained in Annexure No. 1&2 to this application."
5. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 30.07.2025. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 12.08.2025, the verification was done and report has been submitted to this Court vide order dated 14.08.2025. He submits that further Versus Counsel for Applicant(s) : Mohd. Vakar Khan, Abdul Alim Khan Counsel for Opposite Party(s) : G.A. Shafi Ahmad @ Shafiulla And 3 Others .....Applicant(s) The State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of F.I.R./ Case Crime No. 31 of 2023 may be quashed. 6.
Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicants and submits that parties have amicable settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped. 7. Learned counsel for the State has no objection to the contention aforesaid. 8. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 30.07.2025 and said compromise has been verified on 14.08.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to F.I.R./ Case Crime No. 31 of 2023. 9. In view of the above, as the applicants and opposite parties have entered into compromise on 30.07.2025 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466 . 10. Accordingly, Criminal Case No. 10667 of 2024 (State versus Shafi Ahmad @ Shafiullah & others), arising out of Case Crime No. 31 of 2023, under Sections 498-A, 323, 506 IPC & 3/4 Dowry Prohibition Act, 1961, I.P.C. Police Station Mahila Thana, District Bahraich, is hereby quashed. 11. The compromise shall be part of this order. 12. The application is allowed accordingly. 13. Consigned to record. September 1, 2025 Mohd.
Sharif A482 No. 7247 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench