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Neutral Citation No. - 2025:AHC:32350-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 3293 of 2025 Petitioner :- Mohit Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kushagra Srivastava,Shahrukh Counsel for Respondent :- Jaideep Pandey,G.A. Hon'ble Rajiv Gupta,J. Hon'ble Subhash Chandra Sharma,J.
1. Shri Jaideep Pandey, Advocate has filed his vakalatnama as well as short counter affidavit on behalf of respondent no.4 today in Court, which is taken on record.
2. Heard learned counsel for the petitioner, learned AGA for the State, Shri Jaideep Pandey, learned counsel for respondent no.4 and perused the records.
3. The instant writ petition seeks quashing of FIR dated 08.02.2024 giving rise to Case Crime No.19 of 2024, under Sections 420, 467, 468 and 471 I.P.C., Police Station- Baloni, District- Baghpat.
4. Learned counsel for the petitioner has submitted that on account of financial dispute between the parties and misconception of fact the impugned first information report was lodged against the petitioner, however subsequently, with the intervention of respected members of both the families and the society, the parties have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other.
5. Learned counsel for the petitioner has next drawn the attention of this Court to a settlement agreement dated 30.11.2024, drawn between the parties, a copy of which has been annexed as Annexure-2 to this writ petition.
6. Learned counsel for the petitioner has next submitted that the said compromise has been made between the parties without any coercion or undue influence and in
order to maintain harmonious and cordial relations between the parties, entire proceedings against the petitioner be quashed.
7. Learned counsel for respondent no.4 has also appeared and has filed affidavit and in paragraph no.4 the said compromise has been acknowledged. He has further submitted that the said compromise has been made between the parties out of their free will and consent without any coercion and undue influence. In paragraph no.7 of the said affidavit it has been further stated that he does not want to further contest the present proceedings against the petitioner.
8. Learned AGA could not dispute the aforesaid facts.
9. This Court is not unmindful of the judgements of the 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. Wherein the 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 above mentioned case.
11. Accordingly, the impugned FIR dated 08.02.2024 giving rise to Case Crime No.19 of 2024, under Sections 420, 467, 468 and 471 I.P.C., Police Station- Baloni, District- Baghpat, is hereby quashed.
12. This writ petition is, accordingly, allowed.
Order Date :- 6.3.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad