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2025 DAILYLAW 84093 (ALL)

MUSHARRAPH ALI AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/17525/2025 · 2025-08-10

Abdul Shahid, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135362-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 17525 of 2025 Petitioner :- Musharraph Ali And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Abdul Shahid,J. 1. Short counter affidavit filed by Shri Amarnath Tripathi, on behalf of respondent no. 3, today, in Court, is taken on record. 2. Heard learned counsel for the petitioners, learned counsel for respondent no. 3 and learned AGA for the State and perused the records. 3. The instant writ petition seeks quashing of FIR dated 1.07.2025 giving rise to Case Crime No.492 of 2025, under Sections 85, 115(2) BNS, Section 3/4 of D.P. Act, 1961 and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Civil Lines, District- Moradabad. 4. Learned counsel for the petitioners has submitted that the respondent no.3 is wife of the petitioner no.1 and other petitioners are family members of petitioner no. 1. 5. Learned counsel for the petitioners has further submitted that on account of matrimonial discord, impugned FIR was lodged against the petitioners, however, subsequently, with the intervention of respected members of both the families, petitioner no.1 and respondent no.3 have amicably and genuinely resolved all their disputes and differences and now they do not have any grievance against each other. 6. Learned counsel for the petitioners has next drawn the attention of this Court to a compromise deed dated 26.07.2025, drawn between the parties, a copy of which has been annexed as Annexure-2 to the writ petition. 7. Learned counsel for the petitioners has next submitted that pursuant to the compromise made between the parties, the petitioner no.1 and his wife has restored their relationship as husband and wife and are now living peacefully in his house. 8. Learned counsel for the petitioners has next submitted that in view of the said compromise made between the parties, the impugned FIR be quashed. 9. Learned counsel for respondent no.3 has also appeared and has acknowledged the said compromise. He has filed a short counter affidavit on behalf of respondent no.3. In paragraph no.5 of the said affidavit, it has been categorically stated that they have entered into a compromise and are now residing together as husband and wife. In paragraph no. 7 of the said affidavit, it has been further stated that the respondent no. 3 has no objection if the FIR is quashed. 10. Learned AGA could not dispute the aforesaid facts. 11. This Court is not unmindful of the judgements of the Apex Court in the cases of:- (i). B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675. (ii). Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677]. (iii). Manoj Sharma Vs. State and others ( 2008) 16 SCC 1. (iv). Gian Singh Vs. State of Punjab (2012) 10 SCC 303. (v). Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. Wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by Hon'ble Apex Court in the aforesaid cases has been explained in detail. 12. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 13. Accordingly, the entire proceedings based on the FIR dated 1.07.2025 giving rise to Case Crime No.492 of 2025, under Sections 85, 115(2) BNS, Section 3/4 of D.P. Act, 1961 and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Civil Lines, District- Moradabad, are hereby quashed. 14. This writ petition is, accordingly, allowed. Order Date :- 11.8.2025 R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad