SAMASUNNISA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 2 OTHERS
A482/9063/2025 · 2025-10-30
Pramod Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184820 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184820 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9063 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Vakalatnama filed today by Sri Tufail Ahmad, Advocate on behalf of opposite parties nos. 2 and 3 is taken on record. Heard learned counsel for the applicants, Sri Tufail Ahmad, learned counsel appearing for opposite parties nos. 2 & 3 and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet dated 12.07.2023 arising out of Case Crime No. 244 of 2023, under Sections 498-A, 326 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Gosainganj, District Lucknow and summoning order dated 17.08.2023 passed by leaned ACJM-VI, Lucknow.
Learned counsel appearing for the applicants submits that the applicant is innocent and has falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant FIR has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 27.08.2025, which has been annexed as Annexure No. 4 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 Versus Counsel for Applicant(s) : Santosh Kumar Kanaujia Counsel for Opposite Party(s) : G.A. Samasunnisa And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 2 Others .....Opposite Party(s)
of the applicants and thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite parties nos. 2 and 3 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 AGA 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 deed, requiring their personal presence and, thereafter, proceed to verify the same. 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 proceedings initiated in pursuance of Case Crime No. 244 of 2023, under Sections 498-A, 326 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Gosainganj, 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. A482 No. 9063 of 2025 2
Office is directed to return back the original compromise deed dated 27.08.2025 to learned counsel for the applicants within a week. October 30, 2025 kkv/ A482 No. 9063 of 2025 3 (Pramod Kumar Srivastava,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench