AYUSHI DUBEY v. STATE OF UTTAR PRADESH AND 3 OTHERS
CRLP/5834/2025 · 2025-05-27
Harvir Singh, Rajiv Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29462 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29462 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:91296-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 5834 of 2025 Petitioner :- Ayushi Dubey Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Byas Kumar Prasad Counsel for Respondent :- G.A.,Pradeep Kumar Keshri Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.
1. Short counter affidavit filed by Shri Pradeep Kumar Keshri, 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 Pradeep Kumar Keshri, learned counsel for respondent no. 4 and perused the record.
3. The instant writ petition seeks quashing of FIR dated 20.11.2024 giving rise to Case Crime No.504 of 2024, under Section 308(2) B.N.S., Police Station- Bhelupur, District- Varanasi.
4. Learned counsel for the petitioner has submitted that on account of misconception, present FIR has been instituted against the petitioner by respondent no.4, however, subsequently, with the intervention of respected members of both the families, 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 the Court to the settlement agreement dated 05.03.2025 drawn between the parties, copy of which has been annexed as Annexure no. 2 to this writ petition.
6. This Court vide order dated 10.04.2025 had directed the parties to appear before the Investigating Officer in order to verify the compromise deed made between the parties. Pursuant to the said
order, the parties have appeared before the Investigating Officer and a report dated 16.05.2025 has been submitted by the Investigating Officer, P.S. Bhelupur, District - Varanasi, which shall form a part of this writ petition.
7. Learned counsel for the petitioner has next submitted that in view of the said compromise made between the parties and in
order to give quietus to the whole dispute, the impugned FIR
against the petitioner be quashed.
8. Learned counsel for the respondent no.4 has also appeared and has filed an affidavit and in para 3 of the affidavit, the compromise has been acknowledged. In para no. 4 of the said affidavit, it has been further stated that the respondent no. 4 has no objection, if the entire proceedings are quashed.
9. Learned AGA could not dispute the aforesaid facts. 10.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.
11. 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.
12. Accordingly, the entire proceedings of FIR dated 20.11.2024, giving rise to Case Crime No.504 of 2024, under Section 308(2) B.N.S., Police Station- Bhelupur, District- Varanasi, are hereby quashed.
13. This writ petition is, accordingly, allowed.
Order Date :- 28.5.2025 R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad