RAJESH KUMAR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/16186/2026 · 2026-09-27
Mayur Jain Jt Registrar J Listing, Tarun Saxena
body2026
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[ 2026 DAILYLAW 11057 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11057 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 16186 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed by the petitioners with the following main prayers :-
"(1) Issue writ, order, or direction in the nature of certiorari quashing the impugned First Information Report dated 30.06.2026 in Case Crime No. 0164 of 2026 registered under Sections 190, 191(2), 74, 115(2), 352, 351(3), 324(4) of BNS & 3(1)(da), 3(1)(dha), 3(2)(va) of SC/ST Act, Police Station Islam Nagar, District Budaun. (2) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest/harass the petitioners in pursuance to impugned First Information Report dated 30.06.2026 in Case Crime No. 0164 of 2026 registered under Sections 190, 191(2), 74, 115(2), 352, 351(3), 324(4) of BNS & 3(1)(da), 3(1)(dha), 3(2)(va) of SC/ST Act, Police Station Islam Nagar, District Budaun."
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 09.07.2026, the said compromise deed has been produced before the Civil Judge (J.D.)/FTC, Budaun 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 Versus Counsel for Petitioner(s) : Nagendra Kumar Singh Counsel for Respondent(s) : G.A., Suneel Kumar Rajesh Kumar And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
been verified by the concerned Magistrate, the impugned First Information Report dated 30.06.2026 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. Nagendra Kumar Singh, learned counsel appearing on behalf of the petitioners, Mr. Suneel Kumar, learned counsel appearing on behalf of respondent no. 4 and learned A.G.A. appearing on behalf of the State-respondents. 5. We have perused the verification report dated 13.07.2026 sent by Civil Judge (J.D.)/FTC, Budaun. 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. 4, the verification report dated 13.07.2026 sent by Civil Judge, (J.D./FTC, Budaun 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 F.I.R. dated 30.06.2026 in connection with Case Crime No. 0164 of 2026 registered under Sections 190, 191(2), 74, 115(2), 352, 351(3), 324(4) of BNS & 3(1)(da), 3(1)(dha), 3(2)(va) of SC/ST Act, Police Station Islam Nagar, District Budaun along with all consequential proceedings, are hereby quashed. September 28, 2026 Prajapati RK CRLP No. 16186 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad