FIZA RANI AND 5 OTHERS v. THE STATE OF UP AND 3 OTHERS
CRLP/22755/2025 · 2025-10-13
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[ 2025 DAILYLAW 191126 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 191126 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22755 of 2025 Court No. - 45 HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Shri Umesh Chandra Tiwari, Advocate has filed his vakalatnama alongwith compromise affidavit on behalf of respondent no.4 today in Court, which is taken on record. 2. Heard learned counsel for the petitioners, learned AGA for the State, Shri Umesh Chandra Tiwari, learned counsel for the respondent no.4 and perused the record. 3. The instant writ petition has been filed by the petitioners with the prayer to quash the impugned first information report dated 18.09.2025 giving rise to Case Crime No. 0442 of 2025, under Sections 333, 69, 70(1), 89, 351(3) of B.N.S., Police Station Tanda, District Rampur. 4. Learned counsel for the petitioners has submitted that from the allegations made in the FIR, no offence whatsoever is disclosed against the petitioners. 5. Learned counsel for the petitioners has next submitted that even as per the allegations, the victim is in consensual relationship with the petitioner no.3 for the last three years, however subsequently, when he refused to marry her, the impugned FIR has been lodged. 6. Learned counsel for the petitioners has further submitted that dispute between the parties has amicably been settled and a Versus Counsel for Petitioner(s) : Brijesh Kumar Pandey Counsel for Respondent(s) : G.A., Umesh Chandra Tiwari Fiza Rani And 5 Others .....Petitioner(s) The State Of Up And 3 Others .....Respondent(s)
compromise dated 23.09.2025 has been drawn between the parties, a copy of which has been annexed with the compromise affidavit filed today in Court. 7. Learned counsel for the petitioners has next submitted that in view of the said compromise made between the parties, the impugned FIR against the petitioners be quashed. 8. Learned counsel for respondent no.4 has also appeared and has filed a compromise affidavit on behalf of respondent no.4. The deponent of compromise affidavit is respondent no.4- Afroj Jahan, who is also present in Court and on pointed query, she has also acknowledged the said compromise and has candidly stated that the said compromise has been made, out of her own free will and consent without any coercion or undue influence and being a literate lady, she is fully conversant with the proceedings of the Court. 9. Learned counsel for the respondent no.4, in paragraph no.
10 of the said compromise affidavit, has further stated that the deponent has no objection, if the impugned FIR against the petitioners be quashed. 10. Learned AGA for the State has no objection. 11. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the compromise affidavit filed by respondent no.4 today, who is also present in Court and has candidly acknowledged the said compromise and on pointed query, she has further stated that she is a literate lady and fully conversant with the proceedings of the Court and is making true statement before this Court and has candidly stated that the said compromise has been drawn out of her own free will and consent without any coercion and undue influence and that she has no objection, if the impugned FIR against the petitioners is quashed. 12. In the backdrop of the said facts and circumstances of the case CRLP No. 22755 of 2025 2
and keeping in view of law laid down by 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, 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. 13. 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. 14.
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. 15. Accordingly, the impugned first information report dated 18.09.2025 giving rise to Case Crime No. 0442 of 2025, under Sections 333, 69, 70(1), 89, 351(3) of B.N.S., Police Station Tanda, District Rampur, is quashed. 16. The instant writ petition is accordingly allowed. 17. It is further made clear that learned AGA shall ensure that the victim-respondent no.4 reaches her home at Kashipur safely, where she resides. 18. A copy of this order be also provided to Registrar (Compliance) of this Court, today itself, to ensure its compliance in letter and spirit. October 14, 2025 Nadim CRLP No. 22755 of 2025 3 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad