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2025 DAILYLAW 72342 (ALL)

ASHISH KUSHWAHA AND 5 OTHERS v. State of U.P. AND 2 OTHERS

CRLP/10924/2024 · 2025-09-08

Rajiv Gupta, Rajiv Lochan Shukla

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10924 of 2024 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, learned counsel for opposite party no.3 and perused the record. 2. The instant writ petition has been filed by the petitioners with the prayer to quash the impugned first information report dated 15.06.2024 giving rise to Case Crime No. 390 of 2024, under Sections 498-A, 377, 326, 323, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Chakeri, District Kanpur Nagar. 3. Learned counsel for the petitioners has submitted that opposite party no.3 is the wife of petitioner no.1 and other petitioners are his family members and on account of matrimonial discord, the instant criminal proceedings has been initiated against the petitioners by the opposite party no.3 by lodging the impugned first information report. 4. Learned counsel for the petitioners has next submitted that the impugned first information report was challenged by the petitioners by filing the instant writ petition. The said writ petition was heard by a Co-ordinate Bench of this Court and this Court vide order dated 01.07.2024 referred the matter to the Mediation and Conciliation Centre of this Court in order to enable the parties to explore the possibility of resolving the dispute through mediation. Versus Counsel for Petitioner(s) : Rakesh Dubey Counsel for Respondent(s) : G.A., Yadavendra Dwivedi Ashish Kushwaha And 5 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 5. Pursuant to the said order dated 01.07.2024, the parties appeared before the Mediation and Conciliation Centre of this Court in order to explore the possibility of resolving the dispute through mediation and with the help of the mediators, the dispute between the parties was amicably resolved and a settlement agreement dated 17.12.2024 was drawn between the parties, a copy of which has been forwarded to this Court and placed on record, which shall form part of this writ petition. 6. Learned counsel for petitioners has next submitted that pursuant to the said settlement agreement, petitioner no.1 and opposite party no.3 have restored their relationship and now they are living peacefully as husband and wife and leading a happy married life. 7. Learned counsel for the petitioners has next submitted that in view of the said settlement agreement and in order to maintain harmonious and cordial relations between the parties, the impugned first information report against the petitioners be quashed. 8. Learned counsel for opposite party no.3 has also appeared and has acknowledged the said settlement agreement. He has further submitted that the dispute between the husband and wife has been resolved and now they are living together as husband and wife and have no grievance against each other. It is further submitted, on instructions, that in view of the said settlement agreement, opposite party no.3 has no objection, if the impugned FIR is quashed. 9. Learned AGA for the State could not dispute the aforesaid facts. 10. 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. CRLP No. 10924 of 2024 2 (v). Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466. (vi) Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat, (2017) 9 SCC 641. (vii) State of M.P. Vs. Laxmi Narayanan, (2019) 5 SCC 688. (viii) K. Bharti Devi and Another Vs. State of Telangana and Another, 2024 SCC OnLine SC 2695. 11. 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. 12. 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. 13. Accordingly, the impugned first information report dated 15.06.2024 giving rise to Case Crime No. 390 of 2024, under Sections 498-A, 377, 326, 323, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Chakeri, District Kanpur Nagar, is hereby quashed. 14. The instant writ petition stands allowed. 15. Before parting with the case, learned counsel for opposite party no.3 has pointed out that in the order dated 01.07.2024 passed by this Court in paragraph 5, Rs.20,000/- was required to be paid to opposite party no.3, however, inadvertently, in the said order opposite party no.4 has been transcribed, as such, the amount of Rs.20,000/- which was to be paid to opposite party no.3 has not been paid by the Mediation and Conciliation Centre of this Court. CRLP No. 10924 of 2024 3 16. In view thereof, since opposite party no.3 has appeared before the Mediation and Conciliation Centre and the dispute between the parties has already been resolved, as such, the amount of Rs.20,000/-, as directed by this Court, be paid to opposite party no.3- Tanu Kushwaha, within 15 days from the date of this order. September 9, 2025 Subham CRLP No. 10924 of 2024 4 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad