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2026 DAILYLAW 11261 (ALL)

AVDESH KUMAR v. STATE OF U.P. AND 3 OTHERS

CRLP/15773/2026 · 2026-09-28

Devendra Singh I, Rajiv Gupta

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 15773 of 2026 Court No. - 47 HON'BLE RAJIV GUPTA, J. HON'BLE DEVENDRA SINGH-I, J. 1. Supplementary affidavit filed on behalf of the petitioner today in Court, is taken on record. 2. Heard learned counsel for the petitioner, learned AGA for the State, Sri Rampyare Lal Srivastava, learned counsel for the respondent No.4 and perused the record. 3. Learned counsel for the petitioner has submitted that on account of trivial dispute, the impugned F.I.R was lodged against the petitioner, however subsequently, with the intervention of respected members of the family and society, parties have amicably and genuinely resolved all their disputes and differences and now they do not have any grievance against each other. 4. Learned counsel for the petitioner has next drawn the attention of the Court to a compromise affidavit dated 23.6.2026 filed on behalf of respondent No. 4, a copy of which has been annexed as Annexure No. SCA- 1 to the short counter affidavit. 5. Learned counsel for the petitioner has next submitted that this Court vide order dated 3.8.2026 had referred the matter to the C.J.M., Hapur to verify the genuineness of the aforesaid affidavit. Pursuant to the said order, the parties appeared before the Chief Judicial Magistrate, Hapur, who after recording the statement of the petitioner as well as first informant/injured, submitted a report dated 13.8.2026 verifying the genuineness of the said affidavit. 6. Learned counsel for the petitioner has next submitted that in view of the compromise made between the parties and in order to maintain cordial and Versus Counsel for Petitioner(s) : Anurag Singh, Raghuvansh Chandra, Ram Jee Saxena Counsel for Respondent(s) : G.A., Rampyare Lal Srivastava Avdesh Kumar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) harmonious relations between them, the impugned first information report qua the petitioner be quashed. 7. Learned counsel for the respondent No.4 has also appeared and has filed short counter affidavit and has acknowledged the said compromise affidavit being given by him. In para-8 of short counter affidavit filed on his behalf, it has been candidly stated that respondent No. 4 has no objection, if the impugned first information report is quashed. 8. Learned AGA for the State could not dispute the aforesaid facts. 9. This Court is not unmindful of the judgement of the Hon'ble Apex Court passed in the case of Narinder Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (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 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 present case. 11. Accordingly, the entire proceedings of impugned F.I.R. dated 17.6.2026, arising out of Case Crime No. 321 of 2026, under Sections 117(2), 352 of BNS, Police Station- Garhmukteshwar, District- Hapur, are hereby quashed. 12. The instant writ petition stands allowed. September 29, 2026 KU CRLP No. 15773 of 2026 2 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad