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2025 DAILYLAW 166157 (ALL)

SAJJAN ALI @ SHAFIQ AHMED AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

A482/8086/2025 · 2025-09-24

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8086 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Ram Suresh,Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record. Heard learned counsel for the applicants, Sri Ram Suresh, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned chargesheet No. 01/2023 dated 17.01.2023 and summoning order dated 12.12.2023 passed by Judicial Magistrate-IIIrd, Lucknow, which the learned below has taken cognizance in Criminal Case no. 142659 of 2023 (State Versus Sajjan Ali alias Shafiq Ahamed and others) arising out of case crime no. 358 of 2022, under sections 498-A, 323, 504 506,354 I.P.C. and section 3/4 of Dowry Prohibition Act and section 3/4 of Muslim Women (Protection of Right on Divorce) Act relating to Police Station- Sarojini Nagar, District Lucknow. 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 Versus Counsel for Applicant(s) : Himanshu Anand Counsel for Opposite Party(s) : G.A., Ram Suresh Sajjan Ali @ Shafiq Ahmed And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another .....Opposite Party(s) compromise deed has been reduced in writing on 21-07-2025, which has been annexed as annexure no. 5 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 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 A.G.A. appearing for the State has no objection to the contentions aforesaid. 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. 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. 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 criminal proceedings arising out of case crime no. 358 of 2022, under sections 498-A, 323, 504 506,354 A482 No. 8086 of 2025 2 I.P.C. and section 3/4 of Dowry Prohibition Act and section 3/4 of Muslim Women (Protection of Right on Divorce) Act relating to Police Station-Sarojini Nagar, District Lucknow, shall remain stayed so far as 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 the copy of original compromise deed to learned counsel for the applicants within a week. September 24, 2025 AKS A482 No. 8086 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench