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Allahabad High Court

ABHISHEK BANSALversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The FIR is quashed as the parties have reached a verified compromise, and continuation of investigation would be an abuse of process.

Summary

The petitioner, Abhishek Bansal, filed a writ petition seeking quashment of FIR No. 0125 of 2024, which alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act, 1961. The dispute was matrimonial, involving the petitioner (husband) and respondent No.4 (wife), and the parties executed a settlement agreement on 21‑05‑2025 which was verified by the Chief Judicial Magistrate of Prayagraj. The High Court examined whether the verified compromise barred further criminal investigation, noting that continuation would constitute an abuse of process and waste public resources. The State argued that it was not the primary initiator of the prosecution, as the matter stemmed from a private marital conflict. Concluding that the compromise was bona fide and the prosecution lacked public interest, the Court quashed the FIR. An entry in the police General Diary was ordered to record the quashment.

Issues considered

  • Whether a criminal FIR can be quashed on the basis of a verified settlement between the parties.
  • Whether continuation of investigation after a bona fide compromise amounts to an abuse of process of criminal law.
  • Whether the State can proceed with prosecution when the dispute is essentially matrimonial and not of public interest.

Legislation cited

Subjects

  • criminal procedure
  • quashment of FIR
  • settlement agreement
  • abuse of process
  • matrimonial dispute
  • dowry law
  • Bharatiya Nyaya Sanhita

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 10898 of 2025

Abhishek Bansal
                                                        .....Petitioner(s)
                                      Versus

State Of U.P. And 3 Others
                                                      .....Respondent(s)

Counsel for Petitioner(s)       : Avinash Chandra Tiwari, Bali Ram
                                  Pandey, Kautilya Srivatsa, Priya
                                  Saxena, Rakesh Kumar Mishra
Counsel for Respondent(s)       : G.A., Kunal Shah, Rajrshi Gupta

Court No. - 47
                     HON'BLE J.J. MUNIR, J.
                     HON'BLE TARUN SAXENA, J.

1. Heard Mr. Avinash Chandra Tiwari along with Mr. Ghanshyam Yadav,

learned Counsel for the petitioner, Mr. Shivansh Mishra, Advocate

holding brief of Mr. Kunal Shah, learned Counsel for respondent no. 4

and Mr. Shashi Shekhar Tiwari, learned AGA for the State.

2. The petitioner has come up with a prayer seeking to quash the

impugned FIR giving rise to Case Crime No. 0125 of 2024, under

Sections 85, 115, 352, 351, 109 of the Bharatiya Nyaya Sanhita, 2023 and

Sections 3/4 of the Dowry Prohibition Act, 1961, Police Station - Air

Port, District - Prayagraj.

3. The case of the petitioners is that the dispute between parties is

matrimonial in nature where the sole petitioner is the husband and

respondent no. 4 is the wife. They have entered into a Settlement vide

Agreement dated 21.05.2025 annexed at page nos. 39 to 50 of the paper

book. By our order dated 27.04.2026 we sent this Settlement Agreement

to the learned Chief Judicial Magistrate, Prayagraj for verification,

together with ancillary directions.
                                                        CRLP No. 10898 of 2025
                                   2


4. In compliance with the said order, we are in receipt of a report from the

Incharge, Chief Judicial Magistrate, Prayagraj dated 07.05.2026. Enclosed

with the report is a photostat copy of a memo of identification of parties, a

photostat copy of the compromise dated 21.05.2026 and the order of the

Incharge, Chief Judicial Magistrate verifying the compromise dated

07.05.2026.

5. Now, that the parties have verified the Compromise and amongst the

various terms of the Settlement Agreement/Compromise there is a

covenant in the Compromise that the first party would withdraw all the

litigations against the second party. By the first party is meant, respondent

no. 4 Ms. Amrita Gupta and by the second party the petitioner, Abhishek

Bansal. There is a reference to a third and a fourth party as well, but that
is not of much relevance here.

6. In view of the compromise arrived at between parties, duly verified by

the Incharge, Chief Judicial Magistrate, Prayagraj, we are of opinion that

permitting the investigation to continue in the impugned FIR, would be an

abuse of process of criminal law besides being a waste of public time and

resources . It would not lead to any fruitful result, because the fourth

respondent would not support the prosecution commenced on the basis of

the FIR.

7. We have asked Mr. Shashi Shekhar Tiwari, learned AGA to disclose

the State's stand in the matter.

8. Mr. Tiwari, submits that the prosecution is one which stems from a

strife between the husband and wife where the State does not occupy the

role of the forerunner of the prosecution. In the circumstances, we are of

opinion that the impugned FIR deserves to be quashed.
                                                                                           CRLP No. 10898 of 2025
                                                                    3


                                    9. In the result, this petition succeeds and is allowed. The impugned FIR,

                                    giving rise to Case Crime No. 0125 of 2024, under Sections 85, 115, 352,

                                    351, 109 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the

                                    Dowry Prohibition Act, 1961, Police Station - Air Port, District -

                                    Prayagraj, is hereby quashed.

                                    10. An entry shall be caused to be made in the General Diary of Police

                                    Station- Air Port, District - Prayagraj by the learned Chief Judicial

                                    Magistrate, Prayagraj in red ink that proceedings of Case Crime No. 0125

                                    of 2024, under Sections 85, 115, 352, 351, 109 of the Bharatiya Nyaya

                                    Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961,

                                    Police Station- Air Port, District Bareilly stand quashed under orders of

                                    this Court.

                                    11. Let this order be communicated to the learned Chief Judicial

                                    Magistrate, Prayagraj and through him to the Commissioner of Police,

                                    Prayagraj and the Station House Officer, Police Station- Air Port, District-

                                    Prayagraj by the Registrar (Compliance).



                                                                           (Tarun Saxena,J.) (J.J. Munir,J.)
                                    May 14, 2026
                                    Prashant D.




Digitally signed by :-
SAILESH KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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