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2025 DAILYLAW 7596 (ALL)

MOHAMMAD ANWAR AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/780/2025 · 2025-03-10

Rajiv Gupta, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35359-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 780 of 2025 Petitioner :- Mohammad Anwar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prateek Sinha Counsel for Respondent :- Vishal Pandey,G.A. Hon'ble Rajiv Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the petitioners, learned AGA for the State, learned counsel for respondent no.3 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 15.12.2023 giving rise to Case Crime No. 601 of 2023, under Sections 147, 148, 323, 506 IPC (State Vs. Mohammad Anwar and others), Police Station Colonelganj, District Prayagraj. 3. Learned counsel for the petitioners has submitted that on account of some misunderstanding and misconception of fact between the parties, the instant criminal proceedings has been initiated against the petitioners by the respondent 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 after hearing the parties passed order dated 04.03.2025 referring the matter to the Mediation and Conciliation Centre of this Court in order to enable the parties to explore the possibility of settling the dispute through mediation. 5. Pursuant to the said order dated 04.03.2025, petitioners and respondent no.3 appeared before the Mediation and Conciliation Centre of this Court in order to explore the possibility of settling the dispute through mediation and with the help of the Mediators, the dispute between the parties was amicably settled and a settlement agreement dated 06.03.2025 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 the petitioners has next submitted that said settlement agreement has been drawn between the parties voluntarily out of their own free will and without any coercion or undue influence and now, they do not have any grievance against each other. 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 respondent no.3 has also appeared and has acknowledged the said compromise dated 06.03.2025. He has further categorically stated that in view of the said settlement agreement and in order to maintain harmonious and cordial relations between the parties, respondent no.3 has no objection, if the impugned F.I.R. quashed. 9. Learned AGA for the State could not dispute the aforesaid facts and has submitted that he has no objection, if the entire proceedings are quashed. 10. This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of 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 303 and 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. 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. 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 above mentioned case. 12. Accordingly, the impugned F.I.R. of Case Crime No. 601 of 2023, under Sections 147, 148, 323, 506 IPC (State Vs. Mohammad Anwar and others), Police Station Colonelganj, District Prayagraj, are hereby quashed. 13. This writ petition is, accordingly, allowed. Order Date :- 11.3.2025 Subham Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad