SACHIN GANGWAR AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/13862/2025 · 2025-09-08
Rajiv Gupta, Rajiv Lochan Shukla
body2025
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[ 2025 DAILYLAW 69536 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69536 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 13862 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J.
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the petitioners, learned AGA for the State, Shri Tanmay Gupta, learned counsel for the respondent no.3 and perused the record. 2. Learned counsel for the petitioners has submitted that petitioner no.1 is the husband, whereas petitioner nos.2 & 3 are the parents- in-law of respondent no.3 and on account of matrimonial discord, the impugned FIR was lodged against the petitioners, however subsequently, with the intervention of respected members of both the family and the society, the parties have amicably and genuinely settled their all disputes and differences and now, they do not have any grievance against each other. 3. Learned counsel for the petitioners has next drawn the attention of the Court to the settlement agreement dated 18.06.2025 drawn between the parties, a copy of which has been annexed as Annexure 2 to this writ petition. 4. Learned counsel for the petitioners has next submitted that pursuant to the said settlement agreement, the parties have restored their relationship and are now living together as husband and wife and is leading a happy married life. 5. Learned counsel for the petitioners has next submitted that in Versus Counsel for Petitioner(s) : Anand Mohan Pandey, Ram Raj Mishra Counsel for Respondent(s) : G.A., Rajesh Kumar Mishra, Tanmay Gupta Sachin Gangwar And 3 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
view of the said settlement agreement drawn between the parties and in order to maintain harmonious and cordial relations between them, the impugned FIR be quashed. 6. Learned counsel for the respondent no.3 has also appeared and has acknowledged the said settlement agreement made between the parties and has submitted that pursuant to the said settlement agreement, the parties have amicably and genuinely settled their all disputes and differences and they have restored their relationship and are now living together as husband and wife and is leading a happy married life. 7. Learned counsel for the respondent no.3 has further submitted, on instructions, that in the backdrop of the said circumstances, respondent no.3, who is peacefully living with her husband, has no objection, if the impugned FIR is quashed. 8. Learned AGA could not dispute the aforesaid facts. 9.
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. 10. 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 CRLP No. 13862 of 2025 2
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. 11. 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. 12. Accordingly, the impugned FIR dated 19.05.2025 giving rise to Case Crime No. 0048 of 2025, under Sections 85, 115(2), 352, 351(2), 109, 64 of B.N.S. and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Rampur, is hereby quashed. 13. The instant criminal miscellaneous writ petition is accordingly allowed. September 9, 2025 Nadim CRLP No. 13862 of 2025 3 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad