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2025 DAILYLAW 59833 (ALL)

MONIKA YADAV AND 4 OTHER v. STATE OF U.P. AND 3 OTHER

CRLP/9949/2025 · 2025-07-02

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103349-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 9949 of 2025 Petitioner :- Monika Yadav And 4 Other Respondent :- State Of U.P. And 3 Other Counsel for Petitioner :- Mandeep Singh,Mohd. Shahibe Alam Counsel for Respondent :- G.A.,Pushpendra Singh Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed challenging the impugned F.I.R. dated 12.02.2025 of Case Crime No. 0146 of 2025 under sections 318(4), 61(2), 316(2) of BNS. Police Station- Sikandrabad, District- Bulandshahr. 3. It has been stated in the petition that the parties had entered into a compromise and settled their dispute outside the Court. 4. Noting the aforesaid contention a co-ordinate Bench of this Court vide its order dated 17.05.2025 has passed the following order:- "8. Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal proceeding and it would simply be a waste of time, if the aforesaid case is permitted to continue till its logical conclusion. 9. As it is informed that till date the police report under Section 173 (2) of Cr.P.C. has not been submitted in the aforesaid Case Crime, we direct that the parties may appear before the Investigating Officer for verification of the compromise deed dated 15.04.2025 within one week from today. Thereafter, the investigating officer will produce the parties to the concerned jurisdictional Magistrate for verification of the said claim. It is also directed that the Magistrate concerned will record the statement of the parties concerned as to whether the terms and conditions if set out in the settlement/compromise had been fulfilled or not and submit a report before this Court by the next date without fail." 5. The Chief Judicial Magistrate, Bulandshahr has submitted a report dated 27.05.2025 informing that the parties were produced before him by the Sub-Inspector i.e. the concerned Investigating Officer and all the parties verified their signatures and accepted that they entered into compromise and settled their dispute outside the Court without any coercion and out of free will and volition. 6. In the compromise respondent no.4 has acknowledged that no amount is due to him against the petitioners. 7. The Additional Government Advocate has also handed over the instructions received by him which are taken on record and in the aforesaid instructions, the proceedings before the Chief Judicial Magistrate, Bulandshahr as held on 26.05.2025 have been annexed indicating the verification of compromise. 8. As the parties have settled their dispute outside the Court, the F.I.R. dated 12.02.2025 of Case Crime No. 0146 of 2025 under sections 318(4), 61(2), 316(2) of BNS. Police Station- Sikandrabad, District- Bulandshahr is hereby quashed. 9. The present writ petition is accordingly, allowed. Order Date :- 3.7.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad