LOKESH PATHAK AND ANOTHER v. State of UP AND 3 OTHERS
CRLP/14972/2024 · 2025-09-08
Rajiv Gupta, Rajiv Lochan Shukla
body2025
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[ 2025 DAILYLAW 89946 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89946 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 14972 of 2024 Court No. - 46 HON'BLE RAJIV GUPTA, J.
HON'BLE RAJIV LOCHAN SHUKLA, J. 1.Short counter affidavit filed by Shri Deepak Singh, learned counsel for the respondent no. 4, today, in Court, is taken on record. 2. Heard learned counsel for the petitioners, learned AGA for the State, Shri Deepak Singh, learned counsel for respondent nos. 4 and perused the records. 3. The instant writ petition seeks quashing of FIR dated 13.3.2023 giving rise to Case Crime No. 61 of 2023, under Sections 420, 467, 468, 471, 120-B IPC, Police Station- Kotwali Hathras, District- Hathras. 4. Learned counsel for the petitioners has submitted that the parties are family members and on account of some misunderstanding and misconception of facts, the impugned FIR was lodged against the petitioners, however subsequently, with the intervention of respected members of both the families and society, the parties have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other. 5. Learned counsel for the petitioners has next drawn the attention of this Court to a an Affidavit filed by learned counsel for the respondent no. 4, on behalf of complainant/respondent no. 4, a copy of which has been annexed as Annexure-CA1 of short counter affidavit. 6. Learned counsel for the petitioners has next submitted that in view Versus Counsel for Petitioner(s) : Mohammad Khalid Counsel for Respondent(s) : G.A., Janardan Prasad Tripathi Lokesh Pathak And Another .....Petitioner(s) State Of Up And 3 Others .....Respondent(s)
of the said compromise and in order to maintain harmonious and cordial relations between the parties, entire proceedings against the petitioners be quashed. 7. Learned counsel for respondent nos. 4 has also appeared and has acknowledged the fact that the dispute between the parties has been amicably and genuinely settled. In paragraph 5 of the said affidavit it has been categorically stated that the dispute between the parties has been amicably and genuinely settled and she does not want to further proceed in the said case. In paragraph 6 of the said affidavit it has been further stated that the respondent no. 4 has no objection if the impugned FIR is 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 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. 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 FIR dated 13.3.2023 giving rise to Case Crime No. 61 of 2023, under Sections 420, 467, 468, 471, 120- B IPC, Police Station- Kotwali Hathras, District- Hathras, is hereby quashed. CRLP No. 14972 of 2024 2
12. This writ petition is, accordingly, allowed. September 9, 2025 R CRLP No. 14972 of 2024 3 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad