SAURABH SHARMA AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/9315/2023 · 2025-07-23
Harvir Singh, Rajiv Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33263 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33263 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:121748-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 9315 of 2023 Petitioner :- Saurabh Sharma And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Tiwari,Pratik Chandra Counsel for Respondent :- G.A.,Pavan Kumar Srivastava Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.
1. Heard learned counsel for the petitioners, learned AGA for the State, Shri Pavan Kumar Srivastava,
learned counsel for respondent no.4 and perused the record.
2. The instant writ petition seeks quashing of FIR dated 18.05.2023 giving rise to Case Crime No.183 of 2023, under Sections 498-A, 504, IPC, and Section 3/4 of D.P. Act, 1961, Police Station- Kotwali, District- Mau.
3. Learned counsel for the petitioner has submitted that respondent no. 4 is the wife of petitioner no.1 and other petitioners are family members of petitioner no.1.
4. Learned counsel for the petitioners has next submitted that on account of matrimonial discord, present FIR has been instituted against the petitioners by respondent no.4.
5. This Court vide order dated 15.6.2023 had
directed the parties to appear before the mediation and conciliation center of this Court to explore the possibility of settling the dispute through Mediation. Pursuant to the said order dated 15.6.2023, the parties appeared before the Mediation and Conciliation Center of this Court and with the help of Mediator, the dispute between the parties has been finally resolved and a settlement agreement dated 22.10.2024 has been drawn between the parties, a
copy of which has been annexed with the writ petition which shall form a part of this writ petition.
6. Learned counsel for the petitioners has next submitted that in view of compromise made between the parties, the impugned FIR against the petitioners be quashed.
7. Learned counsel for respondent no.4 has also appeared and has acknowledged the said compromise and has submitted that the entire amount as agreed between the parties has been paid and same has been received by respondent no. 4 and now nothing remains to be paid. Learned counsel for the respondent no. 4 has further submitted on instructions that respondent no. 4 has no objection if the impugned FIR against the petitioners is quashed.
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 entire proceedings of FIR dated 18.05.2023 giving rise to Case Crime No.183 of 2023, under Sections 498-A, 504, IPC, and Section 3/4 of D.P. Act, 1961, Police Station- Kotwali, District- Mau, are hereby quashed.
12. This writ petition is, accordingly, allowed.
Order Date :- 24.7.2025 R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad