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2025 DAILYLAW 33343 (ALL)

KUSH GUPTA AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/5618/2025 · 2025-04-08

Nand Prabha Shukla, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51372-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 5618 of 2025 Petitioner :- Kush Gupta And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyaveer Singh Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. Affidavit filed by Shri Kushal Raj Chaudhary, on behalf of respondent No. 4, today in Court, which is taken on record. 2. Heard learned counsel for the petitioners, learned AGA for the State, Shri Kushal Raj Chaudhary, learned counsel for respondent no.4 and perused the records. 3. The instant writ petition seeks quashing of FIR dated 11.12.2020 giving rise to Case Crime No.752 of 2020, under Sections 498-A, 307, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station- Banna Devi, District- Aligarh. 4. Learned counsel for the petitioners has submitted that respondent no. 4 is the wife of petitioner no.1 and other petitioners are family members of petitioner no. 1. 5. Learned counsel for the petitioners has further submitted that on account of matrimonial discord, present FIR has been instituted against the petitioners by respondent no.4, however subsequently, with the intervention of respected members of both the families, petitioner no.1 and respondent no.4 have amicably and genuinely settled all their disputes and differences and now, they do not have any grievance against each other. 6. Learned counsel for the petitioners has next submitted that pursuant to the said compromise made between the parties, the petitioner No. 1 and the respondent No. 4 are living together as husband and wife along with other family members. 7. Learned counsel for the petitioners has next submitted that in view of the said compromise and in order to maintain harmonious and cordial relations between the parties, the impugned FIR against the petitioners be quashed. 8. Learned counsel for the respondent no.4 has also appeared and has acknowledged the said compromise made between the parties and also, the fact that parties are now living together as husband and wife and has no grievance against each other. He has also field an affidavit on behalf of respondent no.4 and in paragraph no. 3 of the said affidavit it has been categorically stated that she is living peacefully with her husband out of her own free will and does not want to further proceed in the instant case and is willing to end the litigation. 9. Learned AGA could not dispute the aforesaid facts. 10. This Court is not unmindful of the judgements of the Hon'ble Apex Court in the cases of:- 1.B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675. 2.Nikhil Merchant Vs. Central Bureau of Investigation [(2008) 9 SCC 677]. 3.Manoj Sharma Vs. State and others (2008) 16 SCC 1. 4.Gian Singh Vs. State of Punjab (2012) 10 SCC 303. 5.Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466. 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. 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 11.12.2020 giving rise to Case Crime No.752 of 2020, under Sections 498-A, 307, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station- Banna Devi, District- Aligarh, are hereby quashed. 13. This writ petition is, accordingly, allowed. Order Date :- 9.4.2025 R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad