SHOABE AKHTAR AND 4 OTHERS v. State of UP AND 2 OTHERS
CRLP/2579/2024 · 2025-04-20
Nand Prabha Shukla, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 25888 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 25888 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:59312-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 2579 of 2024 Petitioner :- Shoabe Akhtar And 4 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ramesh Kumar Sahu,Sunil Vashisth Counsel for Respondent :- Ajay Kumar Srivastava,Sanjay Srivastava Hon'ble Siddhartha Varma,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. The instructions supplied by learned A.G.A. be kept on record.
2. Heard Sri Shiv Vilas Mishra, holding brief of Sri Sunil Vashisth,
learned counsel for the petitioners, Sri Sanjay Srivastava, learned counsel for the respondent-wife and learned learned A.G.A. for the State.
3. When a First Information Report under Sections 323, 504, 506 and 498-A IPC read with Section 3/4 of Dowry Prohibition Act was registered as Case Crime No. 7 of 2024, the petitioners filed the instant writ petition being Writ Petition No. 2579 of 2024.
4. Initially, the petitioners were given the liberty to approach the Mediation Center however, when the mediation did not succeed, the matter came up before the High Court once again and the High Court on 01.04.2025 directed the parties to appear before the Investigating Officer who in his turn was required to produce the parties before the Chief Judicial Magistrate, Varanasi and the Chief Judicial Magistrate had thereafter to verify the compromise as was submitted before him.
5. From the verification report which has been submitted by the learned Additional Government Advocate, Sri C.B. Dhar Dubey, we find that the Magistrate has verified the compromise in presence of the parties and as per the compromise which has been annexed along with the supplementary affidavit, we further find that as per the compromise, the parties had agreed to separate and it was also provided that the husband would provide Rs. 7 lakhs to the wife towards maintenance.
6. Under such circumstances, we are of the view that no useful
purpose would be served by continuing the criminal case against the petitioners.
7. The First Information Report dated 05.02.2024 registered as Case Crime No. 7 of 2024 under Sections 323, 504, 506 and 498-A IPC read with Section 3/4 of Dowry Prohibition Act in Police Station-Kotwali, District-Kashi (Commissionerate Varanasi) is, accordingly quashed and set aside.
8. The writ petition is, accordingly, allowed.
Order Date :- 21.4.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad