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2025 DAILYLAW 79321 (ALL)

ASHU CHAWLA v. State of U.P. AND 3 OTHERS

CRLP/12610/2024 · 2025-07-09

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112341-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 12610 of 2024 Petitioner :- Ashu Chawla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Mishra,Syed Abid Ali Naqvi Counsel for Respondent :- Anil Kumar Shukla,G.A.,Saumitra Dwivedi,Shivam Kumar Tiwari Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned AGA for the State, Shri Paresh Tripathi, holding brief of Shri Saumitra Dwivedi, learned counsel for the respondent no. 4 and perused the records. 2. The instant writ petition has been filed by the petitioner with the prayer to quash the impugned first information report dated 6.7.2024, giving rise to Case Crime No. 350 of 2024, under Sections 406, 420, 504 and 506 IPC, Police Station Shalimar Garden, District-Ghaziabad. 3. Learned counsel for the petitioner has submitted that on account of a financial dispute between the parties, the impugned FIR was lodged, however, subsequently, this Court vide order dated 25.7.2024 referred the matter to the Mediation and Conciliation Centre of this Court enabling the parties for amicable settlement of their dispute with the help of the mediators. Pursuant to the said order dated 25.7.2024, both the parties appeared before the Mediation and Conciliation Centre of this Court and with the help of the mediators all the disputes between the parties have already been settled and a settlement agreement dated 18.12.2024 has been drawn, copy of which has been annexed with the record of the case, shall form part of the writ petition. 4. Learned counsel for the petitioner has next submitted that as per settlement agreement, an amount of Rs. 16,00,000/- has already been paid to respondent no. 4. However, fixed deposit of Rs. 95,000/- shall be handed over to respondent no. 4 by the Mediation Centre after passing of this order. 5. Learned counsel for the petitioner has next submitted that after arriving at compromise, harmonious and cordial relations have been restored between the parties, as such, first information report and all consequential proceedings, be quashed. 6. Learned counsel for respondent nos. 4 has also appeared and acknowledged the said settlement agreement and the fact that Rs. 16,000,00/- has already been received by respondent no. 4 and fixed deposit of Rs. 95,000/- shall be handed over to her by the Mediation Centre on quashing of impugned first information report. He has further submitted that in view of the settlement agreement made between the parties, he has no objection if the impugned first information report as well as all consequential proceedings are quashed. 7. Learned AGA also does not dispute the aforesaid fact. 8. 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. 9. 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. 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 above mentioned case. 11. Accordingly, the impugned first information report dated 6.7.2024, giving rise to Case Crime No. 350 of 2024, under Sections 406, 420, 504 and 506 IPC, Police Station Shalimar Garden, District-Ghaziabad as well as all consequential proceedings, are hereby quashed. 12. The instant writ petition is, accordingly, allowed. Order Date :- 10.7.2025 HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad