SHUBHAM SINGH AND 5 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
/8734/2024 · 2025-01-09
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168856 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168856 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1729-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8734 of 2024 Petitioner :- Shubham Singh And 5 Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Mithila Bakhsh Tiwari,Alok Shukla,Babban Prasad Shukla Counsel for Respondent :- G.A.,Ramesh Chander Pandey 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 Ramesh Chandra Pandey, learned counsel for opposite party no.4.
2. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 4.8.2024 bearing Case Crime No.0359 of 2024, under Sections 323, 504, 506, 498A I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station Gomti Nagar, District Lucknow, on the basis of compromise.
3. On 9.12.2024, parties were directed to appear before the Senior Registrar for verification of compromise.
4. The report of the Senior Registrar of this Court dated 2.1.2025 is on record, according to which, he has verified the compromise on 2.1.2025. The original compromise is on record which has been annexed as Annexure-SA-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 First Information Report dated 4.8.2024 bearing Case Crime No.0359 of 2024, under Sections 323, 504, 506, 498A I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station Gomti Nagar, District Lucknow.
6. Learned counsel for the parties state that the money under the said compromise is already paid/settled between the parties.
7. Intent is clear, the informant-Smt. Asmita Singh, 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 :- 9.1.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench