BHANU PRATAP GUPTA AND 6 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/19883/2023 · 2025-07-07
Harvir Singh, Rajiv Gupta
body2025
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[ 2025 DAILYLAW 65779 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65779 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:107832-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 19883 of 2023 Petitioner :- Bhanu Pratap Gupta And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Asha Parihar,Pratik Chandra Counsel for Respondent :- G.A.,Kamal Kumar Singh,Sudhir Kumar Mishra Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.
1. Heard learned counsel for the petitioners, learned AGA for the State, Sri Abhimanyu Singh, Advocate holding brief of Sri Kamal Kumar Singh, learned counsel for the respondent No.4 and perused the record. 2. Learned counsel for the petitioners has submitted that on account of matrimonial discord, the impugned F.I.R has been lodged against the petitioners, however subsequently, this Court vide order dated 04.01.2024 directed the parties to appear before the Mediation and Conciliation Centre of this Court, in order to enable them to amicably and genuinely settle all their disputes and differences through mediation. 3. Pursuant to the said order dated 04.01.2024, the parties appeared before the Mediation and Conciliation Centre of this Court and with the help of the Mediators, all the disputes and differences between the parties have been amicably and genuinely settled and a settlement agreement dated 12.11.2024 has been drawn between the parties, a copy of which has been annexed with the record of this petition, which shall form part of it. 4. Learned counsel for the petitioners has next submitted that as per the settlement agreement dated 12.11.2024, the petitioner no.1 was required to pay an amount of Rs.18,00,000/- to the respondent No.4 in lieu of all her claims and dues. Out of the said amount, the entire amount had already been paid by the petitioner no.1 to respondent No.4. 5. Learned counsel for the petitioners has next submitted that in view of the settlement agreement made between the parties as well as in order to maintain harmonious and cordial relations between them, the impugned F.I.R is liable to be quashed. 6. Learned counsel for the respondent No.4 has also appeared and had acknowledged the said compromise made between the parties as well as the fact that an amount of Rs.18,00,000/- as agreed between the parties has already been paid by petitioner no.1 to respondent no.4 and now, nothing remains to be paid. He has further submitted, on instructions, that respondent no.4 has no objection, if the impugned F.I.R is quashed. 7.
Learned AGA for the State could not dispute the aforesaid
facts.
8. This Court is not unmindful of the judgements of the Hon'ble Apex Court in the cases of:- (i). B.S. Joshi and others Vs. State of Haryana and another, (2003) 4 SCC 675. (ii). Nikhil Merchant Vs. Central Bureau of Investigation, (2008) 9 SCC 677. (iii). Manoj Sharma Vs. State and others, (2008) 16 SCC
1. (iv). Gian Singh Vs. State of Punjab, (2012) 10 SCC 303. (v). Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466.
9. 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 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 present case.
11. Accordingly, the entire proceedings of impugned F.I.R. dated 18.10.2023, arising out of Case Crime No. 0215 of 2023, under Sections 498-A, 323, 504, 506, 406 IPC and Section 3/4 of D.P. Act, Police Station Kydganj District Prayagraj, are hereby quashed.
12. This criminal misc. writ petition is accordingly allowed.
Order Date :- 8.7.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad