ZAFAR AHMED KHAN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7868/2025 · 2025-09-16
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165153 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165153 (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. - 7868 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Sri Shailendra Kumar Shukla, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. Heard learned counsel for the applicants, Sri Shailendra Kumar Shukla, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. 3. The instant application has been filed with the prayer to quash the summoning order dated 18.06.2022 in case no. 57233 of 2022 arising out of case crime no. 0287 of 2021 u/s 498A, 323, 504, 506, 354 IPC and 3/4 D.P. Act and and 3/4 Muslim Women(Protection of Rights of Marriage) Act 2019 P.S. Gudamba District- Lucknow, quash the chargesheet bearing no. 1 of 2021 dated 27.02.2022 and to quash the entire proceedings of case no. 57233 of 2022. 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 the present matter arises out of matrimonial dispute and under 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 27.05.2025 which has been annexed as annexure no. 4 to the instant application. He next added Versus Counsel for Applicant(s) : Vivek Kumar Rai, Ajai Kumar, Sudheer Kumar Yadav Counsel for Opposite Party(s): G.A. Zafar Ahmed Khan And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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 parties 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 court below as such compromise has to be duly verified in presence of the parties concerned before the Court.
8. Accordingly, this application is disposed of with a direction to the 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 proceedings initiated in pursuance of the case no. 57233 of 2022 arising out of case crime no. 0287 of 2021 u/s 498A, 323, 504, 506, 354 IPC and 3/4 D.P. Act and and 3/4 Muslim Women(Protection of Rights of Marriage) Act 2019 P.S. Gudamba District- Lucknow, shall remain stayed so far as applicants are concerned. A482 No. 7868 of 2025 2
11. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order.
12. Office is directed to return the original compromise deed to the
learned counsel for the applicants, if any, after taking the photocopy of the same.
September 16, 2025 Mayank A482 No. 7868 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench