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2025 DAILYLAW 84413 (ALL)

AMIT KUMAR v. State of UP AND 3 OTHERS

CRLP/13493/2024 · 2025-07-23

Harvir Singh, Rajiv Gupta

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Judgment text

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Neutral Citation No. - 2025:AHC:121821-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 13493 of 2024 Petitioner :- Amit Kumar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Vivek Kumar Tiwari Counsel for Respondent :- Dileep Singh Yadav,G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned AGA for the State, Shri Dileep Singh Yadav, learned counsel for respondent no.4 and perused the record. 2. The instant writ petition seeks quashing of FIR dated 06.06.2024, giving rise to Case Crime No.107 of 2024, under Sections 498-A, 323, 504, 307, 328 IPC, Police Station Shivrajpur, District Pashchimi (Commissionrate Kanpur Nagar). 3. Learned counsel for the petitioner has submitted that on account of matrimonial discord, present FIR has been instituted against the petitioner by respondent no.4. 4. This Court vide order dated 27.8.2024 had directed the parties to appear before the Mediation and Conciliation Center of this Court to explore the possibility of settling the dispute through mediation. Pursuant to the said order dated 27.8.2024, the parties appeared before the Mediation and Conciliation Center of this Court and with the help of the Mediators, the dispute between the parties has been finally resolved and the petitioner and his wife has restored their relationship and now, she is living peacefully with her husband and has no further grievance against him. 5. Learned counsel for the petitioner has next submitted that in view of the compromise made between the parties, the impugned FIR against the petitioner be quashed. 6. Learned counsel for respondent no.4 has also appeared and has acknowledged the said compromise and has submitted that the dispute between the parties has been amicably resolved and now, the daughter of respondent no.4 is living peacefully with her husband-petitioner at her matrimonial home. Learned counsel for respondent no.4, on instructions, has further made a statement at the Bar that respondent no.4 has no objection, if the impugned FIR against the petitioner is quashed. 7. Learned AGA could not dispute the aforesaid facts. 8. This Court is not unmindful of the judgements of the 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. Wherein the 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. 9. 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. 10. Accordingly, the entire proceedings based on the FIR dated 06.06.2024, giving rise to Case Crime No.107 of 2024, under Sections 498-A, 323, 504, 307, 328 IPC, Police Station Shivrajpur, District Pashchimi (Commissionrate Kanpur Nagar), are hereby quashed. 11. This writ petition is, accordingly, allowed. 12. It is pointed out that pursuant to the order dated 27.8.2024, petitioner was required to deposit a sum of Rs. 25,000/- with the Mediation and Conciliation Center of this Court, out of which, Rs. 20,000/- was required to be paid to respondent no. 4. The respective parties have participated in the mediation proceedings, therefore, the aforesaid amount of Rs. 20,000/- is directed to be paid to the respondent no. 4 on an application filed by him within two weeks from the date of this order. Order Date :- 24.7.2025 R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad