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2025 DAILYLAW 35801 (ALL)

DHARAM PRAKASH SOLANKI AND 7 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/6345/2025 · 2025-05-14

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80439-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 6345 of 2025 Petitioner :- Dharam Prakash Solanki And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Raj Pandey,Shubham Pandey 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 and perused the record. 2. The instant writ petition has been filed by the petitioners with the prayer to quash the FIR dated 02.08.2024 giving rise to Case Crime No. 153 of 2024, under Sections 420 and 406 I.P.C., P.S. Knowledge Park, District-Gautam Budh Nagar. 3. Learned counsel for the petitioners has submitted that on account of monetary dispute over the land, the impugned first information report has been lodged against the petitioners, however subsequently, with the intervention of respected members of both the families and the society, the parties have amicably and genuinely settled their all 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 this Court to the Compromise Deed dated 25.03.2025 drawn between the parties, a copy of which has been annexed as Annexure No. 2 to this writ petition. 5. Pursuant to the said compromise, this Court vide order dated 15.04.2025 had directed the parties to appear before the Investigating Officer, who shall produce the parties to the concerned jurisdictional Magistrate for verification of the said claim. 6. Pursuant to the said direction, the parties appeared before the jurisdictional Magistrate on 29.04.2025 and the statement of respondent no. 3-first informant has been recorded, wherein she has acknowledged the said compromise and stated that she does not want to pursue the criminal proceedings against the petitioners, consequent thereto, a report dated 3.5.2025 of C.J.M., Gautam Budh Nagar has been forwarded to this Court, indicating therein that the settlement agreement between the parties has been verified, which is taken on record and shall form part of the writ petition. 7. Learned counsel for the petitioners has further submitted that in view of the said compromise and in order to maintain harmonious and cordial relations between the parties, the impugned F.I.R. qua the petitioners be quashed. 8. Learned AGA could not dispute the aforesaid facts. 9. In view of the facts and circumstances of case and the statement made by the first informant that she does not want to pursue the entire criminal proceedings against the petitioners, we are of the opinion that the impugned F.I.R. is liable to be quashed. 10. This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, ( 2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (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 the 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 impugned FIR dated 2.8.2024 qua the petitioners stands quashed in Case Crime No. 153 of 2024, under Sections 420 and 406 I.P.C., P.S. Knowledge Park, District- Gautam Budh Nagar. 13. This writ petition is, accordingly, allowed. Order Date :- 15.5.2025/Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad