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2025 DAILYLAW 102992 (ALL)

MOHD SHUZA AND 3 OTHERS v. State of UP AND 3 OTHERS

CRLP/18031/2024 · 2025-08-04

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131571-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18031 of 2024 Petitioner :- Mohd Shuza And 3 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sikandar Raza Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. 2. The instant writ petition seeks quashing of FIR dated 03.09.2024, giving rise to Case Crime No.570 of 2024, under Sections 85, 115(2), 351(3) BNS, Police Station Tajganj, District Agra. 3. Learned counsel for the petitioners has submitted that on account of matrimonial discord, present FIR has been instituted against the petitioners by respondent no.4. 4. This Court vide order dated 3.10.2024 had directed the parties to appear before the Mediation and Conciliation Center of this Court to explore the possibility of settling the dispute through mediation. Pursuant to the said order dated 3.10.2024, the parties appeared before the Mediation and Conciliation Center of this Court and with the help of the Mediators, the dispute between the parties has been finally resolved and the petitioners and his wife has restored their relationship and now, she is living peacefully with her husband and has no further grievance against him. 5. Learned counsel for the petitioners has next submitted that in view of the compromise made between the parties, the impugned FIR against the petitioners be quashed. 6. Learned AGA could not dispute the aforesaid facts and submitted that in the instant case, the charge sheet has been submitted against the petitioners on 1.10.2024. 7. 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. 8. 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. 9. Accordingly, the entire proceedings based on the FIR dated 03.09.2024, giving rise to Case Crime No.570 of 2024, under Sections 85, 115(2), 351(3) BNS, Police Station Tajganj, District Agra are hereby quashed. 10. This writ petition is, accordingly, allowed. Order Date :- 5.8.2025 R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad