Allowed

Umme Salma Kuraishi (in Fir Maa) and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko and Others

Allahabad HC11 Nov 2024CRLP/6554/2024

Case brief

AI extract

What is this about?

Writ petition sought quashing of an FIR arising from a family dispute after the parties entered into a compromise verified by the Senior Registrar. The court held that since the informant did not wish to press the FIR, allowing proceedings to continue would serve no purpose, and quashed the FIR along with the charge sheet and all consequential proceedings.

What did the court decide?

FIR Case Crime No.0135 of 2023, charge sheet if any, and all consequential proceedings quashed

Umme Salma Kuraishi (in Fir Maa) and Others Vs State of… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:74321-DB

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6554 of 2024

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Petitioner :- Umme Salma Kuraishi (In Fir Maa) And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And Others

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Counsel for Petitioner :- Shailendra Misra,Rahil,Vinay Misra Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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1. Heard learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for opposite party no. 4.

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2. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 01.03.2023 bearing Case Crime No.0135 of 2023, under Sections 354, 509, 323, 504, 328, 354(Kha), 506, 376-D I.P.C., Police Station Thakurganj, District Lucknow. Petitioners also pray for quashing of entire criminal proceeding in the aforesaid case crime number.

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3. Learned counsel for the petitioner submits that there was a family dispute between the parties, wherein the victim had lodged the instant F.I.R. against her mother, sisters and brothers-in-law and Section 376-D was also added against the accused persons on the basis of oral evidence of the victim, however, in the compromise deed, the victim had clearly stated that she had lodged the F.I.R. under influence of someone and now the matter is settled between the parties.

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4. On 24.10.2024, parties were directed to appear before the Senior Registrar for verification of compromise.

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5. The report of the Senior Registrar of this Court dated 07.11.2024 is on record, according to which, he has verified the compromise on 07.11.2024. The original compromise is on record which has been annexed as Annexure-1 to the Amendment Application.

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6. According to the terms of the compromise, parties have decided to withdraw all the cases filed by them against each other including F.I.R. dated 01.03.2023 bearing Case Crime No.0135 of 2023, under Sections 354, 509, 323, 504, 328,

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354(Kha), 506, 376-D I.P.C., Police Station Thakurganj, District Lucknow.

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7. Intent is clear, the informant, who is a signatory to the compromise, does not want to press the FIR, therefore, no purpose would be served in allowing the proceedings even if charge sheet has been filed before the court below to go on considering the nature of the dispute.

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8. Accordingly, the impugned FIR, which is the basis to serve consequential proceedings of investigation and thereafter filing of charge sheet, if any, is hereby quashed. Consequently, all proceedings taken consequent to the lodging of the FIR including charge sheet, if any, filed before the court below stand quashed.

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9. The writ petition is, accordingly, allowed .

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10. The Senior Registrar of this Court shall communicate this order to the court concerned for correcting its record, accordingly.

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11. Learned AGA shall communicate this order to the investigating officer.

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( Om Prakash Shukla,J. ) ( Vivek Chaudhary,J. )

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Order Date :- 11.11.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Umme Salma Kuraishi (in Fir Maa) and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko and Others

Case brief

What is this about?

What did the court decide?

Umme Salma Kuraishi (in Fir Maa) and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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