RAJAN PANDEY AND ANOTHER v. State of UP AND 4 OTHERS
CRLP/5504/2024 · 2025-07-02
Harvir Singh, Rajiv Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48934 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48934 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:103841-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 5504 of 2024 Petitioner :- Rajan Pandey And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Shailendra Kumar Rai 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, Shri Manoj Kumar Tiwari, learned counsel for the respondent nos. 4 and 5 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 29.2.2024, giving rise to Case Crime No. 30 of 2024, under Sections 498-A, 323, 504, 506, 328 IPC and Sections-3/4 of D. P. Act, Police Station Dildar Nagar, District Ghazipur. 3. Learned counsel for the petitioners has submitted that the impugned FIR was lodged against the petitioners only on account of the fact that they are brother-in-law and sister-in-law (jeth and jethani) of respondent no. 5 in connection with a dispute arising out of matrimonial discord between respondent no. 5 and his husband, Ratan Pandey (non-petitioner). However, subsequently, this Court vide order dated 16.4.2024 passed in Criminal Misc. Writ Petition No. 5842 of 2024; Ratan Pandey and two others Versus State of U. P. and four others, referred the matter to the Mediation and Conciliation Centre of this Court enabling the parties for amicable settlement of their dispute with the help of the mediators. He has further submitted that during pendency of the writ petition, investigation has been concluded and chargesheet has been submitted against all five accused, including the petitioners, on 1.5.2024. However, parties have settled their dispute before the Mediation and Conciliation Centre of this Court and a settlement agreement
dated 15.9.2024 has been drawn, copy of which has been annexed with Criminal Misc. Writ Petition No. 5842 of 2024; Ratan Pandey and two others Versus State of U. P. and four others, shall form part of this writ petition also. As per settlement agreement, parties have restored their relationship and are now living peacefully as husband and wife, as such first information report and all consequential proceedings based on the chargesheet dated 1.5.2024, be quashed. 4. Learned counsel for respondent nos.
4 and 5 has also appeared and acknowledged the said settlement agreement and has submitted that in view of the settlement agreement made between the parties, he has no objection if the impugned first information report as well as all consequential proceedings are quashed. 5. Learned AGA also does not dispute the aforesaid fact. 6. This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of B. S. Joshi Versus State of Haryana and another (2003) 4 SCC 675, 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, 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. 7. 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. 8. 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. 9. Accordingly, the impugned first information report dated first information report dated 29.2.2024, giving rise to Case Crime No. 30 of 2024, under Sections 498-A, 323, 504, 506, 328 IPC and Sections-3/4 of D. P. Act, Police Station Dildar Nagar, District Ghazipur as well as all consequential proceedings based on the chargesheet dated 1.5.2024, are hereby quashed. 10. The instant writ petition is, accordingly, allowed. Order Date :- 3.7.2025 HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad