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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 4834 of 2026 Court No. - 47 HON'BLE J.J. MUNIR, J.
HON'BLE TARUN SAXENA, J. This writ petition has been filed seeking to quash FIR dated 10.08.2025 giving rise to Case Crime No. 0159 of 2025, under Sections 191 (2), 191 (3), 115 (2), 109 (1), 352, 351 (3) BNS and Section 3(2)(v) of SC/ST Act, Police Station Shivrajpur, West Commissionerate, Kanpur Nagar. The parties say that they have compromised in the matter and vide our order dated 24.04.2026, we required the Chief Judicial Magistrate, Kanpur Nagar to verify the compromise. In fact, the matter is related to Kanpur Dehat. Therefore, the Chief Judicial Magistrate, Kanpur Dehat has verified the compromise as his report dated 05.05.2026 would show that there is an order dated 05.05.32026 passed by the Chief Judicial Magistrate, Kanpur Dehat verifying the compromise. There is on record a photostat copy of the compromise bearing the photograph of parties carrying their memoranda of identification as well. The compromise having been duly verified by the learned Chief Judicial Magistrate, Kanpur Dehat, it is fit to be accepted. What we notice is that it is unequivocal in the compromise that the first informant does not want to pursue the FIR and the parties want to live in peace. We have already remarked in our order dated 24.04.2026 that the injuries are simple in nature and no fracture has been detected in the X Ray examination. We have enquired of the learned AGA as to what is the stand of the State in the matter. He submits that in the circumstances the State would have no objection if the FIR is quashed, acting on the compromise between parties. Looking to the stand of the parties, it would be an abuse of the process of criminal law and waste of public time and money this FIR is permitted to survive and investigated. It would lead to no fruitful result.R. Versus Counsel for Petitioner(s) : Amar Vikash, Naresh Kumar Pal, R.U. Rinki Renu Counsel for Respondent(s) : G.A., R.U. Rinki Renu Vishal And 2 Others .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
In the result, this writ petition succeeds and is allowed.
The impugned F.I.R. dated 10.08.2025 giving rise to Case Crime No. 0159 of 2025, under Sections 191 (2), 191 (3), 115 (2), 109 (1), 352, 351 (1) BNS and Section 3(2)(v) of SC/ST Act, Police Station Shivrajpur, West Commissionerate, Kanpur Nagar is hereby quashed. An entry shall be caused to be made in the General Diary of Police Station, Shivrajpur West Commissionerate, Kanpur Nagar by the learned Chief Judicial Magistrate, Kanpur Nagar in red ink that proceedings of Case Crime No. 0159 of 2025, under Sections 191 (2), 191 (3), 115 (2), 109 (1), 352, 351 (1) BNS and Section 3(2)(v) of SC/ST Act, Police Station Shivrajpur, West Commissionerate, Kanpur Nagar stand quashed under orders of this Court. The Registrar (Compliance) is directed to communicate this order to the learned Chief Judicial Magistrate, Kanpur Dehat, and through him, to the Commissioner of Police, Kanpur Nagar and the Station House Officer, P.S. Shivrajpur District Kanpur Nagar, within 48 hours next. May 6, 2026 C. MANI/ Prashant CRLP No. 4834 of 2026 2 (Tarun Saxena,J.) (J.J. Munir,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad