SMT TANU AGRAWAL AND 2 OTHERS v. State of UP AND 2 OTHERS
CRLP/4388/2024 · 2025-09-14
Rajiv Gupta, Rajiv Lochan Shukla
body2025
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[ 2025 DAILYLAW 36523 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36523 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 4388 of 2024 Court No. - 46 HON'BLE RAJIV GUPTA, J.
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the petitioners, learned AGA for the State, Shri Arvind Kumar Dixit, learned counsel for respondent no.3 and perused the records. 2. The instant writ petition has been filed by the petitioners with the prayer to quash the impugned first information report dated 08.03.2024 giving rise to Case Crime No. 160 of 2024, under Sections 420, 406, 467, 468, 471 IPC, Police Station Dibiyapur, District Auraiya. 3. Learned counsel for the petitioners has submitted that on account of business dispute between the parties, the instant criminal proceeding has been initiated against the petitioners by respondent no.3 by lodging the impugned first information report. 4. Learned counsel for the petitioners has next submitted that the impugned first information report was challenged by the petitioners by filing the instant writ petition. The said writ petition was heard by a Co-ordinate Bench of this Court and this Court vide order dated 20.03.2024 had referred the matter to the Mediation and Conciliation Centre of this Court in order to enable the parties to explore the possibility of resolving the dispute through mediation. 5. Pursuant to the said order dated 20.03.2024, petitioners and respondent no.3 appeared before the Mediation and Conciliation Versus Counsel for Petitioner(s) : Rishabh Agarwal Counsel for Respondent(s) : Arvind Kumar Dixit, G.A. Smt Tanu Agrawal And 2 Others .....Petitioner(s) State Of Up And 2 Others .....Respondent(s)
Centre of this Court in order to explore the possibility of resolving the dispute through mediation and with the help of the Mediators, the dispute between the parties was amicably settled and a settlement agreement dated 25.09.2024 was drawn between the parties, a copy of which has been forwarded to this Court and placed on record, which shall form part of this order. 6. Learned counsel for the petitioners has next submitted that in view of the said settlement agreement and in order to maintain harmonious and cordial relations between the parties, the impugned first information report against the petitioners be quashed. 7. Learned counsel for respondent no.3 has also appeared and has acknowledged the said compromise. He has further submitted, on instructions, that in view of the said compromise, respondent no.3 has no objection if the impugned FIR is quashed. 8.
Learned AGA for the State could not dispute the aforesaid facts. 9. 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. 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. CRLP No. 4388 of 2024 2
11. Accordingly, impugned FIR dated 08.03.2024 giving rise to Case Crime No. 160 of 2024, under Sections 420, 406, 467, 468, 471 IPC, Police Station Dibiyapur, District Auraiya, is hereby quashed. 12. This writ petition is, accordingly, allowed. September 15, 2025 Subham CRLP No. 4388 of 2024 3 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad