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2025 DAILYLAW 97052 (ALL)

MOHD. ASIF ANSARI AND 7 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/20993/2025 · 2025-09-16

Rajiv Gupta, Rajiv Lochan Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20993 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the petitioners, learned AGA for the State, Mr. Y.K. Tripathi, learned Advocate, holding brief of Mr. Anil Singh, learned counsel for respondent no.4 and perused the records. 3. The instant writ petition seeks quashing of FIR dated 24.08.2025 giving rise to Case Crime No.0962 of 2025, under Sections 69, 89, 351(2) B.N.S. 2023, Police Station- Baradari, District- Bareilly. 4. Learned counsel for the petitioners has submitted that respondent no.4 is the wife of petitioner no.1 and other petitioners are family members of petitioner no.1. 5. Learned counsel for the petitioners has further submitted that on 20.6.2025 petitioner No.1 and respondent No.4 had performed their marriage however subsequently on account of some misunderstanding developed between the parties, present FIR has been instituted against the petitioners by respondent no.4 and later with the intervention of respected members of both the families, petitioner no.1 and respondent no.4 have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other and they are living together as husband and wife and leading a happy married life. 6. Learned counsel for the petitioners has next drawn the attention of this Court to a compromise deed dated 30.8.2025, drawn between Versus Counsel for Petitioner(s) : Debee Shanker Pandey Counsel for Respondent(s) : G.A. Mohd. Asif Ansari And 7 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) the parties, a copy of which has been annexed as Annexure-4 to the memo of petition. 7. Learned counsel for the petitioners has next submitted that in view of the said compromise and in order to maintain harmonious and cordial relations between the parties, entire proceedings against the petitioners be quashed. 8. Learned counsel for respondent no.4 has also appeared and has acknowledged the said compromise. He has filed a short counter affidavit on behalf of respondent no.4 and in paragraph no.8 of the said affidavit has categorically stated that respondent no.4 does not want to further contest the present proceedings against the petitioners and has no objection, if the entire proceedings are quashed. 9. Learned AGA could not dispute the aforesaid facts. 10. 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 CRLP No. 20993 of 2025 2 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. 11. 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. 12. Accordingly, the entire proceedings of impugned First Information Report dated 24.08.2025 giving rise to Case Crime No.0962 of 2025, under Sections 69, 89, 351(2) B.N.S. 2023, Police Station- Baradari, District- Bareilly, are hereby quashed. 13. This writ petition is, accordingly, allowed. September 17, 2025 Sachin CRLP No. 20993 of 2025 3 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad