SHAHKAB AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/11490/2026 · 2026-09-20
Devendra Singh I, Rajiv Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9269 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9269 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 11490 of 2026 Court No. - 47 HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Heard learned counsel for the petitioners, learned AGA for the State, Shri Amzad Raza, learned counsel for the respondent no.4 and perused the record. 2. Learned counsel for the petitioners has submitted that respondent no.4 is the wife of petitioner no.1, while other petitioners are his family members and on account of matrimonial discord between husband and wife, the impugned FIR was lodged against the petitioners, thereafter, the impugned FIR was challenged before this Court by filing the instant writ petition and this Court, vide order dated 18.06.2026, had referred the matter to the Mediation and Conciliation Center of this Court in order to enable the parties to explore the possibility of resolving the dispute through mediation. 3. Pursuant to the said order dated 18.06.2026, the parties had appeared before the Mediation and Conciliation Center of this Court and with the help of the Mediators, the parties have amicably and genuinely settled their all disputes and differences and they have arrived at a settlement agreement dated 13.08.2026, a copy of which has been annexed with the instant writ petition and shall form part of the record. 4. Pursuant to the said settlement agreement dated 13.08.2026, the parties have agreed to live separately and a sum of Rs.15 Lakh Versus Counsel for Petitioner(s) : Jaideep Pandey, Lal Mani Singh, Saumya Srivastava Counsel for Respondent(s) : Amzad Rza, Ehtesham Khan, G.A. Shahkab And 5 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
was agreed to be paid by the petitioner no.1 to the respondent no.4 in lieu of all her claims and liabilities. 5. Learned counsel for the petitioners has next submitted that pursuant to the said settlement agreement dated 13.08.2026, a sum of Rs.15 Lakh has already been received by respondent no.4 as evident from the settlement agreement itself and has also been acknowledged by learned counsel for the respondent no.4. 6. Learned counsel for the petitioners has next submitted that in view of the said settlement agreement drawn between the parties and in order to maintain harmonious and cordial relations between them, the impugned FIR be quashed. 7.
Learned counsel for the respondent no.4 has also appeared and has acknowledged the said settlement agreement dated 13.08.2026 made between the parties and has further submitted, on instructions, that the respondent no.4 has no objection, if the impugned FIR is quashed. 8. Learned AGA could not dispute the aforesaid facts. 9. This Court is not unmindful of the judgements of the Hon’ble 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). Narinder Singh and others Vs. State of Punjab, (2014) 6 SCC 466. (vi). Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat, (2017) 9 SCC 641. (vii). State of M.P. Vs. Laxmi Narayanan, (2019) 5 SCC 688. CRLP No. 11490 of 2026 2
(viii). K. Bharti Devi and Another Vs. State of Telangana and Another, 2024 SCC OnLine SC 2695. 10. 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. 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 present case. 12. Accordingly, the entire proceedings of impugned FIR dated 09.05.2026 giving rise to Case Crime No. 0225 of 2026, under Sections 64(1), 85, 115(2), 352, 351(3) of B.N.S., 2023, Police Station Garh Mukteshwar, District Hapur, is quashed. 13. The instant criminal miscellaneous writ petition is accordingly allowed.
September 21, 2026 Nadim CRLP No. 11490 of 2026 3 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad