ASHISH KUMAR SHARMA v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO AND 2 OTHERS
/10250/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175825 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175825 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10250 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Vakalatnama filed by Shri Arshad Hafeez Khan, learned counsel appearing on behalf of respondent No.3 is taken on record. 2. In pursuance to the order of this Court dated 04.11.2025, the respondent No.3, who is duly identified by Shri Arshad Hafeez Khan, is present before this Court. 3. The respondent No.3 has refused to settle the matter with the petitioner as stated by the learned counsel appearing for the respondent No.3. 4. The facts of the case have already been noted in the order dated
04.11.2025. For the sake of convenience, the order dated 04.11.2025 is reproduced below:
"1. Heard learned counsel for the petitioner and learned Additional Government Advocate appearing for respondent No. 1 & 2. 2. Instant petition has been filed praying for quashing of the first information report dated 09.10.2025 bearing FIR/Case Crime No.0379 of 2025, under Sections 376 & 506 I.P.C., Police Station Hasanganj, District Unnao. 3. The contention of learned counsel for the petitioner is that from the perusal of the FIR which has been lodged under the aforesaid provisions of the Indian Penal Code, 1860, it emerges that the petitioner and the respondent No.3 were in a relationship since long. The respondent No.3 is also a married lady Versus Counsel for Petitioner(s) : Ripu Daman Shahi, Dinesh Kr. Chaudhary Counsel for Respondent(s) : G.A. Ashish Kumar Sharma .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko And 2 Others .....Respondent(s)
and it appears that only when the relationship turned bad, the aforesaid FIR has been lodged. 4. Leaned counsel for the petitioner has referred to clause 9 of the FIR, per which it emerges that the parties are also willing to settle the matter amicably amongst themselves. 5. Considering the aforesaid, issue notice to the respondent No.3 to appear in person before the Court. 6. List this case on 20.11.2025. On which date, the respondent No.3 shall appear in person or through her counsel, to indicate as whether she is willing to settle the matter amicably. 7. The Station House Officer, Police Station Hasanganj, District Unnao is directed to produce the respondent No.3 on the said date. 8.
Till the next date of listing, no coercive steps shall be taken against the petitioner pursuant to the impugned FIR dated 09.10.2025."
5. Considering the aforesaid and a perusal of the impugned F.I.R. as well as the statement of the victim recorded under Section 183 of BNSS, no case for interference is made out. 6. Upon the same being pointed out, the learned counsel for the petitioner states that he does not intend to press on with the writ petition and prays that the same may be dismissed as withdrawn with a liberty to the petitioner to avail appropriate remedy as may be available to the him. 7. Accordingly, the writ petition is dismissed as withdrawn with the liberty as aforesaid. 8. Interim order, if any, stands vacated. November 20, 2025 S. Shivhare CRLP No. 10250 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench