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2025 DAILYLAW 61271 (ALL)

VIPIN KUMAR AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/18290/2023 · 2025-07-20

Harvir Singh, Rajiv Gupta

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:118673-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18290 of 2023 Petitioner :- Vipin Kumar And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijai Kumar Tiwari Counsel for Respondent :- G.A.,Lalit Prakash Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioners, learned AGA for the State, Shri Lalit Prakash, learned counsel for the respondent no. 4 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 21.10.2023, giving rise to Case Crime No. 396 of 2023, under Sections 498-A, 323, 504, 506, 313 IPC and Sections-3/4 of D. P. Act, Police Station Jahanabad, District Pilibhit. 3. Learned counsel for the petitioners has submitted that on account of matrimonial discord between petitioner no. 1 and respondent no. 4, who are husband and wife, the impugned FIR was lodged. However, subsequently, this Court vide order dated 2.12.2023 referred the matter to the Mediation and Conciliation Centre of this Court enabling the parties to explore the possibilities for amicable settlement of their dispute with the help of the mediators. The parties have settled their dispute before the Mediation and Conciliation Centre of this Court and a settlement agreement dated 4.4.2024 has been drawn, copy of which has been annexed with the writ petition and shall form part of this writ petition also. 4. He has next submitted that as per settlement agreement drawn between the parties, Rs. 10,00,000/- was agreed to be paid by petitioner no. 1 to respondent no. 4 in lieu of all her claims and dues and the said entire amount has already been paid to her and now nothing remains to be paid . As per settlement agreement, parties have resolved their disputes, as such first information report and all consequential proceedings be quashed. 5. Learned counsel for respondent no. 4 has also appeared and acknowledged the said settlement agreement and has submitted that the entire amount of Rs. 10,00,000/- has been received by respondent no. 4 and dispute has been finally resolved. He has further submitted on instructions that respondent no. 4 has now no objection, if the impugned first information report as well as all consequential proceedings are quashed. 6. Learned AGA also does not dispute the aforesaid fact. 7. 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. 8. 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. 9. 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. 10. Accordingly, the impugned first information report dated first information report dated 21.10.2023, giving rise to Case Crime No. 396 of 2023, under Sections 498-A, 323, 504, 506, 313 IPC and Sections-3/4 of D. P. Act, Police Station Jahanabad, District Pilibhit as well as all consequential proceedings, if any, are hereby quashed. 11. The instant writ petition is, accordingly, allowed. Order Date :- 21.7.2025 HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad