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2025 DAILYLAW 107046 (ALL)

CHANDAN MALHOTRA AND 4 OTHERS v. THE State of U.P. AND 3 OTHERS

CRLP/20457/2024 · 2025-07-09

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110229-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 20457 of 2024 Petitioner :- Chandan Malhotra And 4 Others Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Amit Mishra Counsel for Respondent :- Anand Kumar Tripathi,G.A.,Parijat Mishra,Shikha Dixit Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioners, learned AGA for the State, Sri Anand Kumar Tripathi, learned counsel for the respondent No.4 and perused the record. 2. Learned counsel for the petitioners has submitted that on account of matrimonial discord, the impugned F.I.R was lodged against the petitioners. Pursuant thereto, this Court vide order dated 14.11.2024 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. 3. Pursuant to the said order dated 14.11.2024, the parties appeared before the Mediation and Conciliation Centre of this Court and with the help of the Mediators, the dispute between the parties has been amicably settled and a settlement agreement dated 15.05.2025 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. 4. Learned counsel for the petitioners has next submitted that pursuant to the said settlement agreement dated 15.05.2025, the parties have restored their relationship and are now living peacefully as husband and wife and are leading a happy married life. 5. Learned counsel for the petitioners has next submitted that in view of the compromise made between the parties, the impugned F.I.R be quashed. 6. Learned counsel for the respondent No.4 has also appeared and has acknowledged the said compromise made between the parties and has stated on instructions that the respondent No.4 has no objection, if the impugned F.I.R is quashed. 7. Learned AGA for the State also has no objection. 8. This Court is not unmindful of the judgements of the Hon'ble 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. 9. 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. 10. 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 present case. 11. Accordingly, the entire proceedings of impugned F.I.R. dated 01.10.2024, arising out of Case Crime No. 0042 of 2024, under Sections 498-A, 323, 313, 354, 504, 506, 406, 307 IPC and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Deoria, are hereby quashed. 12. The instant writ petition is accordingly allowed. Order Date :- 10.7.2025/KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad