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2025 DAILYLAW 165534 (ALL)

NAJNI BEGAM AND OTHERS v. STATE OF U.P. THRU. ITS PRIN.SECY. HOME, LKO. AND ANOTHER

A482/10189/2023 · 2025-08-14

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47975 Court No. - 14 Case :- APPLICATION U/S 482 No. - 10189 of 2023 Applicant :- Najni Begam And Others Opposite Party :- State Of U.P. Thru. Its Prin.Secy. Home, Lko. And Another Counsel for Applicant :- Vikas Yadav,Arpit Dwivedi,Shivam Srivastava,Utkarsh Misra Counsel for Opposite Party :- G.A.,Mohd. Waris Farooqui,Raziuddin Ahmad Siddiqui Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Sri Mohd. Waris Farooqui, learned counsel for opposite party no. 2 and learned AGA for the State as well as perused the record. Learned counsel for the applicants submits that he may be permitted to withdraw the supplementary affidavit dated 01.07.2025. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet dated 25.07.2023 in Criminal Case No. 15077 of 2023; State Vs. Sarukh Khan and others, arising out of Case Crime No. 0067 of 2023, under Sections 323, 498-A, 504 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Gonda as well as entire proceedings in pursuance thereof. Learned counsel for the applicants submits that the dispute is purely civil in nature, as there is a matrimonial dispute in between the husband and the wife and due to which the instant FIR has been lodged and criminal proceedings have been initiated against the applicants. He submits that later on, the parties have amicably compromised their dispute. He next added 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. 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 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. Learned AGA appearing for the State has no objection to the contentions aforesaid. It has been pointed out that the applicants have filed the original copy of compromise deed alongwith the supplementary affidavit dated 01.07.2025 but the same is undated. The applicants undertakes that they will file a fresh compromise deed before the learned trial court. Accordingly, this application is disposed of with a direction to the court concerned that If a fresh compromise deed is filed by the applicants before the trial court, the same shall be be verified in accordance with law. The trial court 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. 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. For a period of three months, the proceedings initiated in pursuance of Criminal Case No. 15077 of 2023; State Vs. Sarukh Khan and others, arising out of Case Crime No. 0067 of 2023, under Sections 323, 498-A, 504 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Gonda, shall remain stayed, so far as the present applicants are concerned. 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 order. Office is directed to return back the original copy of compromise deed, appended alongwith the supplementary affidavit dated 01.07.2025, to learned counsel for the applicants within a week. Order Date :- 14.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench