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2025 DAILYLAW 202650 (ALL)

FURKAN AND 2 OTHERS v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/1567/2025 · 2025-10-28

Saurabh Lavania

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. - 1567 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Sri Ashutosh Sachan, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the applicant(s), learned AGA for the State and perused the record. Instant application has been preferred by the applicant(s)/petitioner(s) for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to allow the petition and quash the entire impugned criminal proceeding of Criminal Case No- 73040 / 2025 arising out of Crime No- 228/2024, under section- 498-A, 323, 504, 506 IPC & 3/4 D.P. Act & 3/4 Muslim Women (Protection of Right on Marriage) Act, 2019 relating to Police Station- Thakurganj, District-Lucknow in re; State Versus Furkan & others and charge sheet dated 18.08.2024 including summoning order dated 24.07.2025 passed by Learned A.C.J.M. 5th, Lucknow, contained as Annexure No-1 & 2 to the application, in the interest of justice." Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 4 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Versus Counsel for Applicant(s) : Ajeet Kumar Singh Counsel for Opposite Party(s) : G.A. Furkan And 2 Others .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. October 28, 2025 Vinay/- NA528 No. 1567 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench