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2026 DAILYLAW 9875 (ALL)

RAHIL ALIAS ARSHAN AND 5 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS

CRLP/21861/2025 · 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. - 21861 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 02.09.2025 (Annexure-1 to the writ petition) registered as Case Crime No.349 of 2025, under Sections 85, 333, 115(2), 352, 351(3), 89 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961, Police Station-Bahjoi, District-Sambhal. ii) issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuant of impugned FIR dated 02.09.2025 registered as Case Crime No.349 of 2025, under Sections 85, 333, 115(2), 352, 351(3), 89 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961, Police Station-Bahjoi, District-Sambhal, 2. Learned counsel appearing on behalf of the parties have jointly submitted that the parties concerned have settled their disputes amicably in compliance of the order dated 24.9.2025 before Mediation and Conciliation Centre, Allahabad High Court. It is further submitted that the parties concerned shall abide by all the terms and conditions mentioned in the said settlement agreement which is on record. The terms and conditions of the agreement mentioned in Versus Counsel for Petitioner(s) : Babita Upadhyay, Sanjeev Kumar Gaur Counsel for Respondent(s) : G.A., Mohammad Sakir Rahil Alias Arshan And 5 Others .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) paragraph no.7 (c) of the said agreement are as follows:- "That today i.e. 07.04.2026, the petitioner no. 1-husband has handed over two demand draft of Rs.8,00,000/- & Rs.7,00,000/- (Total Rupees Fiften Lakh only) bearing draft nos. 003253 & 307013 dated 02.04.2026 & 30.03.2026 drawn on HDFC Bank and State Bank of India in favour of Mrs. Fiza (wife) and she has acknowledged the receipts of the same." 3. Learned counsel for the parties further submit that since all the disputes between the parties concerned have already been settled before the Mediation and Conciliation Centre, Allahabad High Court, the impugned First Information Report dated 2.9.2025 against the petitioners deserves to be quashed. 4. Learned Additional Government Advocate appearing on behalf of the State-respondents has not disputed the facts of the settlement agreement. 5. Heard Ms. Babita Upadhyay, learned counsel appearing on behalf of the petitioners and learned A.G.A. appearing on behalf of the State-respondents. 6. We have perused the settlement agreement dated 7.4.2026 sent by Mediation and Conciliation Centre, High Court, Allahabad. 7. Taking into consideration the submissions made by learned counsel appearing on behalf of the petitioners and learned A.G.A. appearing on behalf of the State-respondents, the settlement agreement dated 7.4.2026 and the statement made by the parties concerned that they shall abide by all the terms and conditions of the said compromise deed, we are satisfied that no purpose would be served to put the petitioners on trial. 8. 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 CRLP No. 21861 of 2025 2 petition. 9. Accordingly, the present writ petition is allowed. 10. The impugned First Information Report dated 02.09.2025 registered as Case Crime No.349 of 2025, under Sections 85, 333, 115(2), 352, 351(3), 89 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961, Police Station- Bahjoi, District-Sambhal along with all consequential proceedings, are hereby quashed. September 30, 2026 M. Tarik CRLP No. 21861 of 2025 3 (Abdul Shahid,J.) (Chandra Dhari Singh,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad