Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 31493 (ALL)

JAI PAL SINGH AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/5461/2025 · 2025-08-03

Harvir Singh, Rajiv Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:130678-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 5461 of 2025 Petitioner :- Jai Pal Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Beerendra Pratap Singh,Indra Kumar Singh Counsel for Respondent :- G.A.,Mahesh Kumar Kuntal Connected with: Case :- CRIMINAL MISC. WRIT PETITION No. - 6889 of 2025 Petitioner :- Mahesh Chand Sharma And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Beerendra Pratap Singh,Indra Kumar Singh Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioners, learned AGA for the State, Shri Dinesh Kumar, learned counsel for the respondent No.3 and perused the material available on record. 2. The instant writ petitions have been filed by the petitioners with the prayer to quash the impugned first information report dated 05.02.2025 giving rise to Case Crime No. 62 of 2025, under Sections 420, 467, 468 and 471 IPC, Police Station Govardhan, District Mathura. 3. Learned counsel for the petitioners has submitted that on account of property dispute, the impugned FIR was lodged against the petitioners, however subsequently, with the intervention of the respected members of the family and the society, parties have amicably and genuinely resolved all their disputes and differences and now, they do not have any grievance against each other. 4. Learned counsel for the petitioners has next drawn the attention of the Court towards the settlement agreement dated 20/21.3.2025 drawn between the parties, a copy of which has been annexed as Annexure No.1 to the affidavit filed by respondent No.3. 5. Learned counsel for the petitioners has next submitted that pursuant to the said compromise, this Court vide order dated 3.4.2025 directed the parties to appear before the Investigating Officer, who shall produce the parties before the concerned Judicial Magistrate for verification of the said claim. Pursuant to the said order dated 3.4.2025, the parties appeared before the Investigating Officer, who produced the parties before the concerned Judicial Magistrate, who after recording the statements of the parties, has verified the said compromise and has submitted its report dated 23.4.2025, which has been brought on record and shall form part of this writ petition. 6. Learned counsel for the petitioners has next submitted that in view of the said compromise made between the parties, the impugned FIR qua the petitioners be quashed. 7. Learned counsel for the respondent No.3 has also appeared and filed an affidavit and in paragraph no.3 it has been categorically stated that the parties have amicably and genuinely resolved their dispute vide compromise dated 20/21/.3.2025 and due amount has already been paid to her by the petitioner and the dispute between the parties have been settled. 8. Further in paragraph no.12 of the said affidavit, it has been categorically stated that in view of the compromise made between the parties, she does not intend to further pursue the instant case against the petitioners and wants to withdraw the proceedings. 9. Learned counsel for the respondent No.3, on her instructions has further stated that she has no objection, if the impugned FIR qua the petitioners is quashed in view of the compromise made between the parties. 10. Learned AGA for the State has no objection. 11. 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'ble Apex Court in the aforesaid cases has been explained in detail. 12. 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. 13. Accordingly, the impugned F.I.R. 05.02.2025 giving rise to Case Crime No. 62 of 2025, under Sections 420, 467, 468 and 471 IPC, Police Station Govardhan, District Mathura qua the petitioners is quashed. 14. The instant writ petitions stand allowed. Order Date :- 4.8.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad