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2026 DAILYLAW 10745 (ALL)

SMT. KANTI DEVI AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/9842/2025 · 2026-09-29

Abdul Shahid, Mayur Jain Jt Registrar J Listing

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 9842 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE ABDUL SHAHID, J. 1. The instant writ petition has been filed seeking following main reliefs:- i) issue a writ order or direction in the nature of certiorari quashing the impugned First Information Report dated 29.4.2025 (Annexure no. to this writ petition) lodged in case crime No. 182 of 2025, under sections 85, 115(2), 352, 351 (2) Β.Ν.S. 3/4 Dowry Prohibition Act, Police Station Shahganj, District Agra. ii) issue a writ order or direction in the nature of mandamus directing the respondents not to arrest the Petitioners in case crime No. 182 of 2025, under sections 85, 115(2), 352, 351 (2) B.N.S. & 3/4 Dowry Prohibition Act, Police Station Shahganj, District Agra." 2. Learned counsel appearing on behalf of the parties have jointly submitted that the parties concerned have settled their disputes amicably and in compliance of the order dated 12.8.2026, the said compromise deed has been produced before the Special Chief Judicial Magistrate, Agra and the same has also been verified in presence of the parties. It is further submitted that the parties concerned shall abide by all the terms and conditions mentioned in the said compromise deed. Learned counsel for the parties further submits that since all the disputes between the parties concerned have already been settled and the compromise deed has also been verified by the concerned Magistrate, the impugned First Information Report dated Versus Counsel for Petitioner(s) : Anita Srivastava, Yogendra Kumar Srivastava Counsel for Respondent(s) : G.A., Ram Pravesh Yadav Smt. Kanti Devi And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 29.4.2025 against the petitioners deserves to be quashed. 3. Learned Additional Government Advocate appearing on behalf of the State-respondents has not disputed the facts of compromise as stated by learned counsel for the parties. 4. Heard Mr. Raj Kumar Pandey, Advocate holding breif of Sri Yogendra Kumar Srivastava, learned counsel appearing on behalf of the petitioners, Mr. Ram Prakash Yadav, learned counsel appearing on behalf of respondent no. 3 and learned A.G.A. appearing on behalf of the State-respondents. 5. We have perused the verification report dated 25.8.2026 sent by Special Chief Judicial Magistrate, Agra 6. Taking into consideration the submissions made by learned counsel appearing on behalf of the petitioners, learned A.G.A. appearing on behalf of the State-respondents, learned counsel appearing on behalf of respondent no. 3, the verification report dated 25.8.2026 sent by Special Chief Judicial Magistrate, Agra and the statement made by the parties concerned that they shall abide by all the terms and conditions of the said compromise deed, we have satisfied that no purpose would be served to put the petitioners on trial. 7. In view of the above-said facts as well as law laid down by the Apex Court in the judgment of Gian Singh Vs. State of Punjab & Another (2012) 10 SCC 303, we are inclined to allow this writ petition. 8. Accordingly, the present writ petition is allowed. 9. The impugned First Information Report dated 29.4.2025 (Annexure no. to this writ petition) lodged in case crime No. 182 of 2025, under sections 85, 115(2), 352, 351 (2) Β.Ν.S. 3/4 Dowry Prohibition Act, Police Station Shahganj, District Agra along with all consequential proceedings, are is hereby quashed. September 30, 2026 M. Tarik CRLP No. 9842 of 2025 2 (Abdul Shahid,J.) (Chandra Dhari Singh,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad