HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23318 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. The instant writ petition has been filed by the petitioner for quashing the impugned First Information Report dated 17.09.2025 registered as Case Crime No.470 of 2025, under sections-85, 115 (2), 352, 351 (3) B.N.S., Police Station-Kotwali, District-Azamgarh and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 2. Learned counsel appearing on behalf of petitioner submitted that the instant writ petition has been filed on the joint affidavit of the petitioner and first informant-respondent no.4. It is further submitted that now the wife of the petitioner namely Ashwani Mishra is residing with her husband willingly and happily. It is also apprised the Court that marriage was solemnized between petitioner and respondent no.4 about 17 years back. It is also submitted that all the disputes between petitioner and respondent no.4 has been amicably resolved and there are no dispute left between both the parties. It is submitted that since the dispute has already been amicably resolved by the parties, no purpose would be served by putting the petitioner on trial. In support of his contention, he has also referred paragraph nos. 2 and 3 of the counter affidavit filed by respondent no.4. 3. Learned A.G.A. appearing on behalf of State has opposed the instant petition but he could not dispute the aforesaid fact. He has placed the statement of respondent no.4 recorded under Section 180 BNSS before the Court for perusal in which respondent no.4 has denied all the allegations made in the F.I.R. against the petitioner. Versus Counsel for Petitioner(s) : S.M.Faraz I. Kazmi Counsel for Respondent(s) : G.A., Mohd Amish Aryakant Mishra .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 4. Heard learned counsel for the petitioner, Mohd. Amish, learned counsel appearing on behalf of respondent no.4 as well as Sri S. K. Ojha, learned A.G.A. appearing on behalf of State and perused the averments made in the petition as well as statement under Section 180 BNSS of respondent no.4. 5. Taking into consideration the aforesaid submissions made by learned counsel for the parties and statement of respondent no.4 recorded under Section 180 BNSS, we are of the view that no purpose will be served by putting the petitioner on trial as respondent no.4 is not supporting the case of the prosecution. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in Gian Singh vs. State of Punjab (2012) 10 SCC 303, Narinder Singh and Others vs. State of Punjab and Another (2014) 6 SCC 466 and Naushey Ali & Ors. vs. State of U.P. & Anr. 2025 INSC 182, the impugned First Information Report dated 17.09.2025 registered as Case Crime No.470 of 2025, under sections- 85, 115 (2), 352, 351 (3) B.N.S., Police Station-Kotwali, District- Azamgarh, is hereby quashed. 6. Accordingly, the writ petition is allowed. October 15, 2025 AKT CRLP No. 23318 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad