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2025 DAILYLAW 51088 (ALL)

RAHUL AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/8579/2025 · 2025-04-30

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68676-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8579 of 2025 Petitioner :- Rahul And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Singh,Vijay Chand Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Santosh Singh, learned counsel for the petitioners, Sri O.P. Dwivedi, learned AGA-I for the State, Sri Mahendra Kumar Pandey, learned counsel has filed affidavit along with his vakalatnama and the same is taken on record. 2. Present petition has been filed with the prayer to quash the first information report dated 22.3.2024, registered as Case Crime No. 185 of 2024, under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Murad Nagar, District Ghaziabad. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. Submission of the learned counsel for the petitioners as well as learned counsel for the informant is that the matter has been compromised peacefully between the parties and they are following the terms of the compromise as well. Attention was drawn to paragraph nos. 2,3 and 4 of the affidavit filed by the learned counsel for the informant, which are quoted as under:- "2. That, compromise between respondent no. 3, namely Smt. Poonam Sharma with petitioner no. 1, namely Rahul both parties have entered into compromise and divorce will be done on the basis of mutual consent. 3. That, after the mutual agreement whatsoever three is no any dispute between them and comproside between them and due to aforesaid, both parties have entered into compromise due to comproside, deponent as well as petitioners are nto pursue the case and never proceed the matter against them. 4. That, due to compromise, deponent is not pursue the case and she never proceed the matter against them." 4. Attention was further drawn to the certified copy of the order dated 1.4.2025 passed in matrimonial case no. 789 of 2025 under section 13-B of the Hindu Marriage Act filed on 25.2.2025 wherein it has been clearly observed that the parties have agreed that three cases pending between them in different courts, will be get decided on the basis of compromise before the second motion. We find that in the certified photocopy of the order sheet, clear endorsement with signatures have been made by both the parties. 5. Learned AGA submits that although he has no instructions, however, in view of the certified copy of the order dated 1.4.2025 and the endorsement made by both the parties therein, it is clear that compromise has taken place between the parties, therefore, he has nothing to say in contradiction. 6. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the order dated 1.4.2025, the first information report dated 22.3.2024, registered as Case Crime No. 185 of 2024, under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Murad Nagar, District Ghaziabad, is hereby quashed. 7. The present petition is, accordingly, allowed. Order Date :- 1.5.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad