HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 1585 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Shri Prabhu Ranjan Tripathi, learned counsel for the petitioner, Shri Ashok Kumar Shukla, learned counsel for the respondent No. 4/ complainant and Shri G. D. Bhatt, learned A.G.A. for the State-respondents and perused the material available on record. 2. The present writ petition has been by the petitioner with the following main prayers :- "(i) issue a writ, order or direction in the nature of Certiorari quashing impugned the First Information Report registered as FIR No. 0004 of 2025. Under sections 85/318(4) BNS & 3/4 D.P. Act, at Police Station- Ghazipur, District- Lucknow in respect to the present petitioner, contained as Annexure No. 1 to this writ petition. (ii) issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to arrest the petitioner in pursuance of the impugned First Information Report lodged as FIR No. 0004 of 2025, Under sections 85/318(4) BNS & 3/4 D.P. Act, at Police Station- Ghazipur, District-Lucknow, contained as Annexure No. 1 to this writ petition." 3. This Court vide order dated 16.04.2025 directed the parties to appear before the Mediation & Conciliation Centre of this Court for settlement of their dispute through mediation. Versus Counsel for Petitioner(s) : Prabhu Ranjan Tripathi, Mrs. Sanju Tripathi Counsel for Respondent(s) : G.A., Ashok Kumar Shukla Shashank Tiwari .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Home Lko. And 3 Others .....Respondent(s) 4. In compliance of the aforesaid order, the parties appeared before the Mediation & Conciliation Centre of this Court and the Mediators have submitted the report dated 17.07.2025, which is on record. The report of the Mediators dated 17.07.2025 indicates that the mediation was successfully completed. 5. Learned counsel for the respondent No. 4/ complainant has also submitted that the dispute between the parties has been amicably settled through mediation. 6. Learned counsels for both the parties have given undertaking on behalf of the parties that the parties shall abide by all terms and conditions of the settlement agreement dated 17.07.2025. 7. The Apex Court in re: Unnikrishnan alias Unnikuttan vs. State of Kerala, reported in (2018) 15 Supreme Court Cases 343, has observed that even if the offence(s) in question is / are not compoundable within the scope of Section 320 Cr.P.C. even then considering the facts and circumstances of the case in question the Constitutional Court may allow the parties to compound such offence(s) on the basis of compromise arrived at between the parties. 8. Considering the aforesaid facts and circumstances of the issue in question, particularly, the fact that the present petitioner and the private opposite party have settled the dispute through mediation and the report to this effect has been made part of the record, therefore, compelling the prosecution to prosecute the present petitioner would be a futile exercise and in view of the dictum of the Hon'ble Supreme Court rendered in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, the entire proceedings of the FIR No. 0004 of 2025, under Sections 85/318(4) BNS & Section 3/4 D.P. Act, at Police Station- Ghazipur, District- Lucknow, are hereby quashed. CRLP No. 1585 of 2025 2 9. The mediation report dated 17.07.2025 submitted by the Mediators would be the part of this order. 10. Liberty is given to the respondent No. 4/ complainant to file appropriate application before the competent court of law, if the terms and conditions of aforesaid settlement agreement are flouted. 11. The petition is, therefore, allowed. 12. Application for disposal of writ petition (I.A. No. 3 of 2025) is also disposed of. September 8, 2025 (Manoj K.) CRLP No. 1585 of 2025 3 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench