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2025 DAILYLAW 182891 (ALL)

MOHD IRFAN @ WAHAJUDDIN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND ANOTHER

/1963/2025 · 2025-12-09

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1963 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicants, learned AGA for the State, learned counsel for the opposite party no. 2 and perused the record. 2. This application has been filed for quashing the charge sheet no.01 of 2025, dated 19.3.2025, summoning order dated 02.4.2025, passed by Special Chief Judicial Magistrate, (Custom), Lucknow in Case No.34301 of 2025, (State vs. Shahid @ Salman & ors) as well as entire proceedings arising out of Case Crime No.42 of 2025, under Sections 69, 89, 352, 351(2), BNS P.S. Ghazipur, District Lucknow in the light of the compromise dated 19.11.2025 taken place between the parties. 3. Learned counsel for the applicants submitted that husband Mohd. Irfan- applicant no.1 as well as private respondent were willing to enter into the marriage but due to some family issue, it was deferred. Learned counsel submitted that on the basis of concocted fact, FIR of the case in question was lodged and charge sheet was submitted. During the pendency of proceedings, issue has already been resolved between the parties and their Nikah has already been solemnised on 02.06.2025 and they are enjoying their matrimonial life. Therefore, trial of case in question is a futile one. 4. He further submitted that private respondent has also filed an affidavit stating that she does not want to prosecute the applicants therefore, kind indulgence of this court is necessary. 5. Learned AGA also does not dispute on the Nikah of the applicant with private respondent and submitted that as on the pretext of marriage, the private respondent was abused by the applicants, therefore, FIR was lodged. Learned counsel for the complainant also reiterated the submission of learned counsel for the applicants and requested that the proceedings may be Versus Counsel for Applicant(s) : Mohd. Islam Khan Counsel for Opposite Party(s) : G.A., Mohd. Badiul Madar Mohd Irfan @ Wahajuddin And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another .....Opposite Party(s) quashed. 6. Both the parties are present before this Court and in pursuance of the earlier order, they have been duly identified by their respective counsels. 7. The private respondent categorically stated before this court that the proceedings may be quashed as Nikah had already been solemnised and she is enjoying her matrimonial life with the applicant no.1. 8. So far as the rest of the family members of applicant no.1 are concerned, as the issue had already been resolved between the parties by way of compromise dated 19.11.2025, which is annexed as Annexure SCA 1 to the supplementary counter affidavit. 9. Considering the submissions of learned counsel for the parties, going through the records, as well as the relevant material, as the marriage was not being solemnised by the applicant no. 1 with private respondent, despite promise, therefore, the FIR was lodged. Now the marriage between them had already been solemnised, and they are enjoying their matrimonial life, therefore, the trial of the case in question is a futile one. 10. The present application is allowed. 11. Accordingly, the charge sheet no.01 of 2025, dated 19.3.2025, summoning order dated 02.4.2025, passed by Special Chief Judicial Magistrate, (Custom), Lucknow in Case No.34301 of 2025, (State vs. Shahid @ Salman & ors) as well as entire proceedings arising out of Case Crime No.42 of 2025, under Sections 69, 89, 352, 351(2), BNS P.S. Ghazipur, District Lucknow in the light of the compromise dated 19.11.2025 held between the parties are hereby quashed. 12. Copy of this order be transmitted to the learned trial court for necessary information and compliance. December 9, 2025 Pks NA528 No. 1963 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench