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2025 DAILYLAW 35973 (ALL)

SOBRAN SINGH AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/6237/2025 · 2025-05-13

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79020-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 6237 of 2025 Petitioner :- Sobran Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Shukla,Varun Ojha Counsel for Respondent :- G.A.,Shivam Shukla Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioners, learned AGA for the State, Shri Shivam Shukla, learned counsel for the respondent nos. 3 & 4 and perused the record. 2. The instant writ petition has been filed by the petitioners with the prayer to quash the FIR dated 08.03.2025 giving rise to Case Crime No. 0128 of 2025, under Sections 115(2), 352, 351(3) of BNS, Police Station- Sirsaganj, District- Firozabad. 3. At the very outset, learned AGA for the State has made a statement at the Bar that in the instant case, the police has concluded the investigation and has submitted a Police Report No. 1 of 2025 dated 02.04.2025 copy of which has filed today in Court, which is taken on record and the same shall form part of this writ petition. 4. Perusal of the police report shows that the police had concluded the investigation and submitted a chargesheet dated 02.04.2025 against the petitioner nos. 1 and 2, however, against the petitioner no. 3, final report has been submitted. 5. Learned counsel for the petitioners has next submitted that there had been some dispute between the parties over the disposal of garbage, 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. 6. Learned counsel for the petitioners has next drawn the attention of this Court to the Compromise Deed dated 09.03.2025 drawn between the parties, a copy of which has been annexed as Annexure No. 2 to this writ petition. 7. Pursuant to the said compromise, this Court vide order dated 05.04.2025 had directed the parties to appear before the Investigating Officer for verification of the settlement/compromise dated 09.03.2025 within a week from the date of order. Thereafter, the Investigating Officer was directed to produce the parties to the concerned jurisdictional Magistrate for verification of the said claim. Subsequent thereto, the parties have appeared before the Investigating Officer, who produced them before the Chief Judicial Magistrate, Shikohabad, Firozabad on 13.05.2025 and learned Magistrate had verified the said compromise in presence of both the parties and forwarded a report to this Court dated 14.05.2025, which shall be kept on record and shall also form part of this writ petition. 8. 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 F.I.R. as well as Police Report No. 1 of 2025 dated 02.04.2025 qua the petitioner nos. 1 and 2 be quashed. Since, the final report has already been submitted against the petitioner no. 3, the impugned F.I.R. itself qua the petitioner no. 3 be also quashed. 9. Per contra, learned counsel for the respondent nos. 3 & 4 has also appeared and has acknowledged the said compromise and has submitted that in view of the said compromise made between the parties, he has no objection, if the impugned F.I.R. and police report qua the petitioner nos. 1 and 2 is quashed and the impugned F.I.R. qua petitioner no. 3 is quashed. 10. Learned AGA could not dispute the aforesaid facts. 11. 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. 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 FIR dated 08.03.2025 as well as Police Report No. 1 of 2025 dated 02.04.2025 qua the petitioner nos. 1 and 2 stands quashed further the impugned F.I.R. qua the petitioner no. 3 also stands quashed in Case Crime No. 0128 of 2025, under Sections 115(2), 352, 351(3) of BNS, Police Station- Sirsaganj, District- Firozabad. 14. This writ petition is, accordingly, allowed. Order Date :- 14.5.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad