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Allahabad High Court · body

2025 DAILYLAW 163193 (ALL)

SAYYED GUFRAN @ MOHD. GUFRAN AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. (HOME) LKO. AND ANOTHER

A482/7542/2025 · 2025-09-18

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7542 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Sri Dhananjay Dixit, Advocate, has put in appearance by way of filing his Vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, arising out of FIR/Case Crime No.0261/2023, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019 lodged at Police Station Thakurganj, District South Commissionerate Lucknow, including the charge-sheet and the summoning order, on the ground that the parties have arrived at a settlement/compromise. 4. Learned counsel appearing for the applicants 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 on 09.12.2024, 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 Versus Counsel for Applicant(s) : Syed Aftab Ahmad, Ishan Bhasin Counsel for Opposite Party(s) : G.A. Sayyed Gufran @ Mohd. Gufran And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. (Home) Lko. And Another .....Opposite Party(s) 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 the 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 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. 10. For a period of three months, the further proceedings, arising out of FIR/Case Crime No.0261/2023, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019 lodged at Police Station Thakurganj, District South Commissionerate Lucknow, shall remain stayed. 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 A482 No. 7542 of 2025 2 order. 12. The applicants are directed to produce the original compromise deed before the learned trial Court. 13. Office is directed to return the original compromise deed, if any, to the applicants within a week. September 18, 2025 MVS/- A482 No. 7542 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench