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2025 DAILYLAW 105286 (ALL)

VINAY TIWARI AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/19200/2024 · 2025-09-23

Rajiv Gupta, Rajiv Lochan Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19200 of 2024 Court No. - 46 HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the petitioners, learned AGA for the State, Sri Abhishek Shukla, Advocate, holding brief of Sri Pankaj Dwivedi, learned counsel for respondent No.4 and perused the material on record. 2. Learned counsel for the petitioners has submitted that on account of property dispute between the parties, the impugned first information report was lodged against the petitioners. However, subsequently this Court vide order dated 24.10.2024 had referred the matter to the Mediation and Conciliation Centre of this Court in order to enable the parties to resolve all their disputes through mediation. 3. Pursuant to the said order dated 24.10.2024, parties appeared before the Mediation and Conciliation Centre of this Court and with the help of the Mediators, parties have amicably and genuinely resolved all their disputes. 4. Learned counsel for the petitioners has next drawn the attention of the Court to a settlement-agreement dated 19.01.2025 drawn between the parties, a copy of which has been annexed with this writ petition and shall form part of this order. 5. Learned counsel for the petitioners has next submitted that in view of the compromise made between the parties, the impugned first information report be quashed. 6. Per contra, learned counsel for the respondent no. 4 has also appeared and acknowledged the said settlement agreement and has further submitted that Versus Counsel for Petitioner(s) : Ajay Kumar, Ravi Shanker Rawet Counsel for Respondent(s) : Pankaj Dwivedi, G.A. Vinay Tiwari And 5 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) in view of the said compromise made between the parties, the impugned F.I.R. be quashed. 7. Learned AGA could not dispute the aforesaid facts. 8. This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narinder Singh and others Vs. State of Punjab, ( 2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, 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 the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 9. 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. 10. Accordingly, the impugned F.I.R. dated 24.07.2024, arising out of Case Crime no. 0305 of 2024, under Sections 115(2), 351(2), 191(2), 324(4), 333, 76 of Bhartiya Nyay Sanhita, 2023, P.S. Nawabganj, District- Prayagraj is quashed. 11. This writ petition is, accordingly, allowed. September 24, 2025 Kushal CRLP No. 19200 of 2024 2 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad