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2025 DAILYLAW 88756 (ALL)

MRIDUL @ MRIDUL DWIVEDI AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/18973/2025 · 2025-09-14

Rajiv Gupta, Rajiv Lochan Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18973 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Learned counsel for the respondent no.4 has filed short counter affidavit today in Court, which is taken on record. 2. Heard learned counsel for the petitioners, learned AGA for the State, Shri Deepak Singh, Advocate holding brief of Shri Kameshwar Prasad Mishra, learned counsel for the respondent no.4 and perused the record. 3. Learned counsel for the petitioners has submitted that petitioner no.1 is the husband of respondent no.4, whereas other petitioners are his family members and on account of matrimonial discord, the impugned FIR was lodged against the petitioners, however subsequently, with the intervention of respected members of both the family and the society, the parties have amicably and genuinely settled their all disputes and differences and now, they do not have any grievance against each other. 4. Learned counsel for the petitioners has next drawn the attention of the Court to the settlement agreement dated 28.07.2025 drawn between the parties, a copy of which has been annexed as Annexure No. 1 to the short counter affidavit. 5. Learned counsel for the petitioners has further submitted that said settlement agreement dated 28.07.2025 has also been verified by learned Chief Judicial Magistrate, Kanput Dehat and a Versus Counsel for Petitioner(s) : Kailash Prasad Pandey Counsel for Respondent(s) : G.A., Kameshwar Prasad Mishra Mridul @ Mridul Dwivedi And 4 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) report dated 09.09.2025 has been submitted, which is brought on record and shall form part of this writ petition. 6. Learned counsel for the petitioners has next submitted that pursuant to the said settlement agreement, the parties have restored their relationship and are now living together as husband and wife and is leading a happy married life. 7. Learned counsel for the petitioners has next submitted that in view of the said settlement agreement drawn between the parties and in order to maintain harmonious and cordial relations between them, the impugned FIR be quashed. 8. Learned counsel for the respondent no.4 has also appeared and has acknowledged the said settlement agreement made between the parties and has submitted that pursuant to the said settlement agreement, the parties have amicably and genuinely settled their all disputes and differences and they have restored their relationship and are now living together as husband and wife and is leading a happy married life without any coercion or undue influence. 9. Learned counsel for the respondent no.4 has further submitted, on instructions, that in the backdrop of the said circumstances, respondent no.4, who is peacefully living with her husband, has no objection, if the impugned FIR is quashed. 10. Learned AGA could not dispute the aforesaid facts. 11. 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. CRLP No. 18973 of 2025 2 (iv). Gian Singh Vs. State of Punjab, (2012) 10 SCC 303. (v). Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466. 12. 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. 13. 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 present case. 14. Accordingly, the impugned FIR dated 15.06.2025 giving rise to Case Crime No. 0163 of 2025, under Sections 85, 115(2), 324(4), 3(5) of B.N.S. and Sections 3/4 of Dowry Prohibition Act, Police Station Shivli, District Kanpur Dehat, is hereby quashed. 15. The instant criminal miscellaneous writ petition is accordingly allowed. September 15, 2025 Nadim CRLP No. 18973 of 2025 3 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad