ANKIT ALIAS SURAJ TOMAR AND 5 OTHERS v. State of UP AND 3 OTHERS
CRLP/18632/2024 · 2025-06-30
Harvir Singh, Rajiv Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104785 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104785 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:101272-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18632 of 2024 Petitioner :- Ankit Alias Suraj Tomar And 5 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Vinit Mishra Counsel for Respondent :- Sanjay Kumar Dwivedi,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 F.I.R, dated 25.09.2024 giving rise to Case Crime No.0565 of 2024, under Sections 498-A, 323 of I.P.C. and Section 3/4 of D.P. Act, 1961, Police Station- Meerganj, District- Bareilly.
3. Learned counsel for the petitioners has submitted that pursuant to the impugned F.I.R, this Court vide
order dated 21/10/2024 had directed the parties to appear before the Mediation and Conciliation Center of this Court in order to enable them to settle their dispute through Conciliation.
4. Pursuant to the said order dated 21/10/2024, the parties appeared before the Mediation and Conciliation Center of this Court and with the help of the Mediators, all the disputes between the parties have been amicably settled and a settlement agreement dated 06/03/2025 has been drawn between the parties, copy of which has been annexed with the instant writ petition and shall form part of this petition. Pursuant to the said agreement, the parties have restored their relationship as husband and wife and they are now living peacefully and has no grievance against each other.
5. Learned counsel for the petitioners has next submitted that in view of the said compromise made between the parties, the impugned F.I.R be quashed.
6. Learned AGA could not dispute the aforesaid facts.
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. Having Considered rival submissions made by
learned counsel for the parties and taking into
consideration the settlement agreement drawn between the parties, we are of the opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.
9. Accordingly, the entire proceedings of FIR dated 25.09.2024 giving rise to Case Crime Crime No.0565 of 2024, under Sections 498-A, 323 of I.P.C. and Section 3/4 of D.P. Act, 1961, Police Station- Meerganj, District- Bareilly, are hereby quashed.
10. This writ petition is, accordingly, allowed.
Order Date :- 1.7.2025/R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad