SMT. KAJAL AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND OTHERS
/7618/2024 · 2025-01-08
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 164066 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164066 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1330-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7618 of 2024 Petitioner :- Smt. Kajal And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Vimlesh Kumar Kashyap,Dharmendra Kumar Bhatt 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 Sri Rudra Pratap Pal, learned counsel for respondent No.4.
2. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 20.08.2024 bearing Case Crime No.0320 of 2024, under Sections 137(2) and 87 of B.N.S., 2023, Police Station Sandana, District Sitapur. Petitioners also pray for quashing of entire criminal proceeding in the aforesaid case crime number.
3. On 18.10.2024, parties were directed to appear before the Senior Registrar for verification of compromise.
4. The report of the Senior Registrar of this Court dated 03.01.2025 is on record, according to which, he has verified the compromise on 03.01.2025. The original compromise is on record which has been annexed as Annexure-1 to the supplementary affidavit.
5. According to the terms of the compromise, parties have decided to withdraw all the cases filed by them against each other including F.I.R. dated 20.08.2024 bearing Case Crime No.0320 of 2024, under Sections 137(2) and 87 of B.N.S., 2023, Police Station Sandana, District Sitapur.
6. Learned counsel for the parties state that the petitioners have married each other and living happily as husband and wife and the respondent No.4 who is the father of petitioner No.1 does
not want to pursue the criminal proceedings against the petitioners.
7. Intent is clear, the complainat-Braj Lal, who is a signatory to the compromise, does 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 :- 8.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench