MAHESH KUMAR AND 3 OTHERS v. State of U.P. AND 4 OTHERS
CRLP/21355/2024 · 2025-07-28
Harvir Singh, Rajiv Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108296 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108296 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125620-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 21355 of 2024 Petitioner :- Mahesh Kumar And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Viveka Nand Rai Counsel for Respondent :- Alok Dwivedi,G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.
1. Short counter affidavit filed by respondent nos. 4 and 5 today in Court is taken on record.
2. Heard learned counsel for the petitioners, Sri Alok Dwivedi,
learned counsel for the respondent nos. 4 and 5, learned AGA for the State and perused the record. 3. The instant writ petition has been filed by the petitioners with the prayer to quash the FIR dated 26.02.2024 giving rise to Case Crime No. 53 of 2024, under Sections 406, 420, 467, 468, 471, 120B I.P.C. and section 66 D Information Technology Act, P.S. Sector 58 Noida, District-Gautam Budh Nagar. 4. Learned counsel for the petitioners has submitted that on account of monetary dispute between the parties, the impugned first information report has been lodged against the petitioners, however subsequently, with the intervention of respected members of both the families and the society, the parties have amicably and genuinely settled their all 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 this Court to the Compromise Deed dated 40.10.2024 drawn between the parties, a copy of which has been annexed as Annexure No. 6 to this writ petition. 6. Learned counsel for the petitioners has further submitted that in respect of the instant dispute, a sum of Rs. 12,00,000/- (Rs. twelve lacs) has already been paid to the respondent Nos. 4 and 5. He also submitted that in view of the above compromise made between the parties, the impugned F.I.R. be quashed. 7. Learned counsel for the respondent nos. 4 and 5 has also appeared and acknowledged the said compromise and in paragraph 9 of the affidavit, it has been stated that respondent nos. 4 and 5 have already received a sum of Rs. 12 lacs and now in order to give quietness to the entire dispute he has no objection, if the impugned F.I.R. be quashed, as stated in paragraph 11 of the short counter affidavit. 8. Learned A.G.A. could not dispute the aforesaid facts. 9. 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. 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 above mentioned case. 11. Accordingly, the impugned F.I.R. dated 26.02.2024, arising out of Case Crime No. 53 of 2024, under Sections 406, 420, 467, 468, 471, 120B I.P.C. and section 66 D Information Technology Act, P.S. Sector 58 Noida, District-Gautam Budh Nagar, qua the petitioners is quashed. 12. This writ petition is accordingly allowed qua the petitioners.
Order Date :- 29.7.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad