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2025 DAILYLAW 107016 (ALL)

DR. AARTI SINGH AND ANOTHER v. State of UP AND 3 OTHERS

CRLP/20535/2024 · 2025-07-15

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114973-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 20535 of 2024 Petitioner :- Dr. Aarti Singh And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Kartikeya Saran,Suchita Mehrotra Counsel for Respondent :- Atharva Dixit, Pranav Tiwary,G.A.,Sachin Dubey,Sandeep Maniji Bakhshi Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Second supplementary affidavit, filed on behalf of the petitioners today in Court, is taken on record. 2. Heard learned counsel for the petitioners, Sri Sandeep Maniji Bakhshi, learned counsel for the respondent no.4, learned AGA for the State and perused the record. 3. This criminal misc. writ petition has been filed with the prayer to quash the impugned F.I.R dated 3.5.2024, arising out of Case Crime no. 0471 of 2024, under Sections 406, 420, 467, 468, 471, 120-B IPC, P.S. Indrapuram, District- Trans Hindon (Commissionerate), Ghaziabad. 4. Learned counsel for the petitioners has submitted that petitioners and Respondent No. 4 are relatives and on account of financial dispute between the parties, the impugned first information report was lodged by the respondent no. 4 against the petitioners, however subsequently, with the intervention of respected members of the family and the society, the parties have amicably and genuinely resolved all their disputes and differences and now, they do not have any grievance against each other. 5. Learned counsel for the petitioners has next drawn the attention of the Court to a settlement-agreement dated 26.5.2025 drawn between the parties, a copy of which has been annexed as Annexure No. 1 to the supplementary affidavit. 6. Learned counsel for the petitioners has next submitted that in view of the compromise made between the parties and in order to maintain cordial and harmonious relations between them, the impugned first information report qua the petitioners be quashed. 7. Learned counsel for the Respondent No. 4 has appeared and has acknowledged the said compromise and has made a statement at the Bar that the agreed amount has already been paid to Respondent No. 4 by the petitioners and nothing remains to be paid to her. He has further submitted on instructions that respondent No. 4 has no objection, if the impugned first information report qua the petitioners is quashed. 8. This Court is not unmindful of the judgement of the Hon'ble Apex Court passed in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (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 Hon'bel 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 3.5.2024, arising out of Case Crime no. 0471 of 2024, under Sections 406, 420, 467, 468, 471, 120-B IPC, P.S. Indrapuram, District- Trans Hindon (Commissionerate), Ghaziabad qua the petitioners is quashed. 11. The instant writ petition stands allowed. 12. It is further submitted that certain machines and articles have already been seized by the Investigating Officer on 15.5.2025 from the CBCT Centre. 13. Since, the first information report has already been quashed, Investigating Officer is directed to release the machines and articles in favour of the petitioners. Order Date :- 16.7.2025 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad