RASHIDA ALIAS RASHIDA BANO AND OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND OTHERS
/7009/2024 · 2025-12-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184867 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184867 (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. - 7009 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Heard Ms. Deepali Prajapati, holding brief of Sri Prabhu Sharan, learned counsel for the petitioners, learned A.G.A. for the State and Sri Mohd. Fahim, learned counsel for the respondent No.4. 2. This petition has been filed challenging an F.I.R. bearing Case Crime No.0183/2024, under Sections 498-A, 323, 504, 354, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Bazar Khala, District Lucknow. 3. This Court had passed the following order on 28.11.2025:-
"1. Heard Sri Prabhu Sharan, learned counsel for the petitioners, learned A.G.A. for the State and Sri Mohd. Fahim, learned counsel for respondent no. 4. 2. Learned counsel for respondent no. 4 has filed short counter affidavit and he states that the respondent no. 4 has no objection if the FIR is quashed on the basis of compromise. 3. The petition has been filed seeking quashing of proceedings in pursuance of the FIR lodged by respondent no. 4 against the petitioners registered as Case Crime No. 0183/2024 under Section 498-A, 323, 504, 354, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Versus Counsel for Petitioner(s) : Prabhu Sharan, Shivani Soni, Yogendra Kumar Singh Counsel for Respondent(s) : G.A., Mohd Fahim Rashida Alias Rashida Bano And Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Govt. Of U.P. Lko. And Others .....Respondent(s)
Bazar Khala, District Lucknow. 4. Learned counsel for the petitioners submits that the parties have settled their matrimonial dispute, on account of which the FIR was lodged, outside the Court by way of a compromise and the original compromise deed dated 2.9.2025 has been filed alongwith Supplementary Affidavit as Annexure-SA-1 and submission is that the impugned FIR be quashed on the basis of compromise. He has further stated that the petitioners have handed over a demand draft of Rs. 3,50,000/- to respondent no. 4, Huma, who is present in person and identified by her counsel. Respondent no. 4 has accepted the demand draft and fairly stated that she has entered into a compromise and settled the dispute and she has no objection if the criminal proceedings are quashed on the basis of compromise. 5.
It is submitted by the parties that they do not wish to contest the case against each other and the FIR may be quashed. 6. The parties shall appear before the Senior Registrar for verification of the compromise deed on 8.12.2025. 7. The Senior Registrar of this Court after due verification shall submit his report before this Court before the next date. 8. List on 15.12.2025. 9. Interim order granted earlier shall continue till the next date of listing."
4. In pursuance to the aforesaid order, the compromise dated 02.09.2025, which has been entered between the parties and placed on record of this petition, has been verified by the Senior Registrar of this Court in presence of the petitioners and the respondent No.4, who have admitted that they have entered into compromise on their own free will. In this regard, a report dated 08.12.2025 of the Senior Registrar of this Court is also annexed with the order sheet of this writ petition. 5. Learned counsel for the petitioners submits that since the parties have entered into compromise and the same has been verified by the Senior Registrar of this Court, therefore, the proceedings arising out of Case CRLP No. 7009 of 2024 2
Crime No.0183/2024, under Sections 498-A, 323, 504, 354, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Bazar Khala, District Lucknow may be quashed as no fruitful purpose will be served by keeping the same pending. 6. Learned A.G.A. as well as learned counsel for the respondent No.4 do not dispute the contentions of learned counsel for the petitioners. Even otherwise learned counsel for the respondent No.4/informant submits that since the parties have settled their dispute outside the Court, the respondent No.4 does not want to pursue the prosecution in pursuance to the impugned F.I.R. and the same may be quashed. 7.
Learned counsel for the parties have also placed reliance upon the judgments rendered by the Hon'ble Supreme Court in the cases of State of Haryana and Others Vs. Bhajan Lal and Others; 1992 SCC (Crl.)426, 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. 8. 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 statement/compromise made by the petitioners as well as the respondent No.4 and the compromise verification report dated 08.12.2025 of the Senior Registrar of this Court, by means of which the compromise entered between the parties has been verified in presence of the parties and the fact that the dispute is a personal dispute which is not going to affect in any manner the society at large and also that since the parties have entered into compromise and the respondent No.4 does not want to prosecute the petitioners, there are very weak chances of conviction, the impugned F.I.R. lodged vide Case Crime No.0183/2024, under Sections 498-A, 323, 504, 354, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Bazar Khala, District Lucknow is hereby quashed so far as it relates to the instant petitioners. 9. Accordingly, the instant writ petition is allowed and the compromise CRLP No. 7009 of 2024 3
entered between the parties shall be part of this order. December 15, 2025 Saurabh CRLP No. 7009 of 2024 4 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench