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2025 DAILYLAW 203590 (ALL)

ASIF ALI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

/9504/2025 · 2025-10-13

Abdhesh Kumar Chaudhary, Rajesh Singh Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9504 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard Sri Rahul Kumar, learned counsel for the petitioners, Sri Raghvendra Pandey, learned State Counsel appearing for the State/opposite parties and Sri Ankit Pandey, Advocate who has filed on behalf of opposite party no. 2, same is taken on record. 2. By means of this petition the petitioners seek issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 17.9.2025 bearing FIR/Case Crime No. 0381 of 2025, for the offence under Section 109(1), 115(2), 352, 351(3), 3(5) of Bhartiya Nayay Sanhita (BNS), 2023, registered at Police Station Gudamba, District Lucknow Purvi (Commissionerate Lucknow). 3. At the very outset learned counsel for the petitioners has stated that during the pendency of this petition the petitioner no. 1 has been arrested and sent to judicial custody. The learned counsel for the parties have stated that the parties have settled their dispute amicably entering into a compromise deed as original copy of the compromise deed has been enclosed with the writ petition. 4. Learned State Counsel has opposed the submission of learned counsel for the petitioners by submitting that this is a case of attempt to murder wherein the victim has received a fire arm injury on the vital part, so the issue in question may not be settled through compromise. The injury Versus Counsel for Petitioner(s) : Rahul Kumar, Nikhil Dwivedi, Vaibhav Srivastava Counsel for Respondent(s) : G.A. Asif Ali And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) report has been shown from the case diary which clearly indicates that "Patient presented to our side as a case of penetrating injury, left shoulder and chest with left side hemothorax with foreign body insitu due to alleged history of fire arm injury on 16.9.2025..." 5. Learned State Counsel has also stated that on account of alleged offence being committed by the accused persons whereby accused person has been arrested. The investigation is going on. 6. Having considered the submissions of learned counsel for the parties, we are not inclined to grant any relief to the petitioner no. 2 in this writ petition inasmuch as for petitioner no. 1 this writ petition has been rendered infructuous but it is always open for the petitioner no. 2 to take appropriate remedy before the appropriate court of law and the accused persons should cooperate in the investigation. After completion of the investigation and filing of the police report the parties may settle their dispute amicably through compromise if the charge-sheet comes under those sections wherein the criminal offence may be settled through compromise but at this stage that relief may not be granted. 7. Accordingly, the writ petition is consigned to records. October 13, 2025 Om CRLP No. 9504 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench