Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:124572-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 13883 of 2024 Petitioner :- Shashi Bhadra Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Vishesh Kumar Counsel for Respondent :- Birendra Kumar Mishra,G.A.,Ganesh Mani Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.
1. List revised. Learned counsel for the petitioner as well as learned A.G.A. for the State is present, however, learned counsel for respondent no. 4 has not appeared. 2. Heard Sri Vishesh Kumar, learned counsel for the petitioner, learned A.G.A. for the State and perused the material available on record. 3. This criminal misc. writ petition has been filed with the prayer to quash the impugned F.I.R dated 27.7.2024 registered as Case Crime No. 140 of 2024, under Sections 420, 467, 468, 471, 406 IPC, Police Station Jafarabad, District Jaunpur. 4. Learned counsel for the petitioner has submitted that parties are the members of the same family and on account of property dispute, the impugned first information report was lodged by respondent no. 4 against the petitioner, however subsequently, with the intervention of respected members of the family and the society, the parties have amicably resolved their all disputes and differences and now, they do not have any grievance against each other. 5. Learned counsel for the petitioner has next drawn the attention of the Court to a settlement-agreement dated 2.1.2025 drawn between the parties, a copy of which has been annexed as Annexure No. S.A. 4 to the supplementary affidavit. 6. Learned counsel for the petitioner has next submitted that this Court vide order dated 28.5.2025 had directed the parties to appear before the trial court to get the said compromise verified. Consequent to the said order, the parties appeared before the trial
court and in presence of the parties, the said compromise has been verified and a report dated 19.6.2025 has been forwarded by the trial court clearly indicating therein that the settlement agreement is genuine and has been entered into between the parties out of their own free-will and volition without any coercion and undue influence. A copy of the said report has been annexed with the writ petition and shall form part of the writ petition. 7. Learned counsel for the petitioner has next submitted that in view of the compromise made between the parties, the impugned FIR qua the petitioner be quashed.
8. Learned AGA could not dispute the aforesaid facts. 9. This Court is not unmindful of the judgement of the Hon'ble Apex Court passed in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (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 Hon'bel 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 entire proceedings pursuant to the impugned First Information Report dated 27.7.2024 registered as Case Crime No. 140 of 2024, under Sections 420, 467, 468, 471, 406 IPC, Police Station Jafarabad, District Jaunpur are quashed. 12. Accordingly, the instant writ petition stands allowed. Order Date :- 28.7.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad