Aadil Ayub Khan and Another Vs State of U.P. Thru. Secy. Deptt. of Home,Lko. and 3 Others

Heard learned counsel for the petitioners as well as learned A.G.A. for the State and perused the record. However, learned counsel for the respondent no.4 has not appeared even in the revised call.

¶12

Learned counsel for the petitioners has submitted that on account of matrimonial discord, the impugned F.I.R. was registered, against the petitioners, which was challenged before this Court by means of instant writ petition. Pursuant thereto, this Court vide order dated 20.01.2025 directed the parties to appear before the Mediation and Conciliation Centre of this Court, in order to enable them to amicably and genuinely settle their dispute through mediation.

¶13

Pursuant to the said order dated 20.01.2025, the parties appeared before the Mediation and Conciliation Centre of this Court and with the help of Mediators, all the dispute between the parties have been genuinely resolved and a settlement agreement dated 23.04.2025 has been drawn between the parties, a copy of which has been annexed with the record of this petition and shall form part of it.

¶14

Learned counsel for the petitioners has next submitted that pursuant to the said settlement agreement dated 23.04.2025, the parties have decided to live separately and an amount of Rs.5,00,000/- has been agreed to be paid by the petitioner no.1 to the respondent no.4 in lieu of all her claims and dues. He next submitted that the said amount of Rs.5,00,000/- has already been paid to the respondent no.4 as per the following details and now nothing remains to be paid

¶15

(i) D.D. No. 097769 dated 10.03.2025 amounting to Rs. 2,50,000/(Rupees Two Lakhs Fifty Thousand only) drawn on IDFC Bank.

¶16

(ii) D.D. No. 721910 dated 20.03.2025 amounting to Rs. 2,50,000/(Rupees Two Lakhs Fifty Thousand only) drawn on IDFC Bank.

¶17

CRLP No. 10050 of 2024

¶18

2

¶19

Learned counsel for the petitioners has next submitted that in view of the settlement agreement arrived at between the parties, the impugned F.I.R. and consequent proceedings thereto, if any, be quashed.

¶20

Learned A.G.A. does not dispute the aforesaid facts.

¶21

This Court is not unmindful of the judgements of the Hon'ble Apex Court in the cases of:-

¶22

(i) B.S. Joshi and others Vs. State of Haryana and another, (2003) 4 SCC 675.

¶23

(ii) Nikhil Merchant Vs. Central Bureau of Investigation, (2008) 9 SCC 677.

¶24

(iii) Manoj Sharma Vs. State and others, (2008) 16 SCC 1.

¶25

(iv) Gian Singh Vs. State of Punjab, (2012) 10 SCC 303.

¶26

(v) Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466.

¶27

Wherein Hon'ble 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.

¶28

Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the petitioners and learned A.G.A., this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the present case.

¶29

Accordingly, the entire proceedings of impugned F.I.R. dated 09.12.2024, arising out of Case Crime No.0078 of 2024, under Sections 498A, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Mahila Thana- Hazratganj, DistrictLucknow, are hereby quashed.

¶30

The instant writ petition is, accordingly, allowed .

¶31

November 20, 2025 Haseen U.

¶32

(Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.)

¶33

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

Aadil Ayub Khan and Another v. State of U.P. Thru. Secy. Deptt. of Home,Lko. and 3 Others

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