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2025 DAILYLAW 183309 (ALL)

MOHD. SHADAB AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND OTHERS

CRLP/7794/2024 · 2025-11-13

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7794 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. This petition has been filed challenging the F.I.R. vide case crime no. 163/2023, under Sections 498A, 323, 506 I.P.C. and Section 3/4 of the D.P. Act, police station Kaiserbagh, district Lucknow. 3. In deference to the order dated 17.10.2025, the petitioner no. 1 and respondent nos. 4 and 5 are present in person. 4. On a query put to them, they specifically stated that the matter has been settled before the Mediation and Conciliation Centre of this Court and now the respondent no. 5 is residing with the petitioner no. 1. 5. The mediation proceedings have succeeded and the settlement agreement arrived at between the parties on 20.1.2025 which is placed on record. Various conditions have been drawn which requires strict adherence by the parties, failing which, the consequence is also provided in clause 6(M) of the settlement agreement. 6. Learned counsel for the parties submits that the mediation between the parties has been completed and the parties have settled their disputes amicably. Versus Counsel for Petitioner(s) : Sachindra Dwivedi, Kuldeep Kaur, Mohd. Shami Counsel for Respondent(s) : G.A., Mohd. Usman Ghani Khan Mohd. Shadab And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Others .....Respondent(s) 7. Learned counsel for the petitioner submits that since the parties have entered into compromise, therefore, the proceedings arise out of F.I.R. vide case crime no. 163/2023, under Sections 498A, 323, 506 I.P.C. and Section 3/4 of the D.P. Act, police station Kaiserbagh, district Lucknow may be quashed as no fruitful purse will be served by keeping the same pending. 8. Learned counsel for the parties have also placed reliance upon the judgments rendered by the Hon'ble Supreme Court in the case of Dimpey Gujral and Others Vs. Union Territory Through Administrator; 2013(11) SCC 497, Narendra Singh and Others Vs. State of Punjab and Others; 2014(6) SCC 466 and Yogendra Yadav And Others Vs. State of Jharkhand; 2014(9) SCC 653 and State of Haryana and others versus Bhajan Lal and others reported in 1992 AIR 604. 9. Considering the submissions of learned counsel for the parties and keeping in view the law laid down by the Hon'ble Supreme Court in the above referred judgments as well as in view of the settlement/compromise between petitioners and respondent nos. 4 and 5 and the fact that the dispute is a personal dispute, which is not going to effect in any manner the society at large and also that since the parties have entered into compromise and the respondent nos. 4 and 5 does not want to prosecute the petitioners, therefore, there are weak chances of conviction, the impugned F.I.R. lodged vide case crime no. 163/2023, under Sections 498A, 323, 506 I.P.C. and Section 3/4 of the D.P. Act, police station Kaiserbagh, district Lucknow is hereby quashed. 10. Accordingly, the instant writ petition is allowed and the mediation report shall be part of this order. November 13, 2025 kanhaiya CRLP No. 7794 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench