Allahabad High Court
RAJAT GOYAL AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that the FIR is to be quashed as the parties have reached a compromise, rendering further trial unnecessary.
Summary
The petitioners filed a writ petition seeking quash of an FIR dated 23.05.2025 that gave rise to a criminal case under sections 352, 351(1) and 69 of the Bharatiya Nyaya Sanhita, 2023. Both parties later informed the court that they had entered into a compromise and a matrimonial alliance. The magistrate and investigating officer recorded their statements confirming the settlement. The High Court held that, in view of the compromise, there was no useful purpose in continuing the criminal proceeding and ordered the FIR to be quashed. Consequently, the writ petition was allowed and the FIR was set aside.
Issues considered
- Whether an FIR under sections 352, 351(1) and 69 of the Bharatiya Nyaya Sanhita, 2023 can be quashed on the ground of a compromise between the parties?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 351(1), 352, 69
Subjects
- criminal law
- FIR quash
- compromise
- Bharatiya Nyaya Sanhita
- section 352
- section 351(1)
- section 69
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 12106 of 2025
Rajat Goyal And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhas Sharma, Rajesh Kumar Sharma
Counsel for Respondent(s) : Anshul Pathak, G.A.
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard learned counsel for the petitioner, learned A.G.A. and learned
counsel for the respondents.
2. This writ petition has been filed for quashing of the First Information
Report dated 23.05.2025 giving rise to Case Crime No.0604 of 2025, under
Section 352, 351(1), 69 of Bharatiya Nyaya Sanhita, 2023, Police Station -
Indrapuram, District Ghaziabad.
3. A perusal of order sheet shows that on 02.09.2025, both the parties
appeared and informed to the Court that they have entered into the
compromise. This being the position, following order was passed on
02.09.2025 :-
"1. Short counter affidavit filed today is taken on record.
2. It has been informed that charge sheet has been submitted by the police. Counsel for the
petitioners and the counsel for respondents, however submit that the parties have entered
into a compromise.
3. Under such circumstances, we provide that the parties may appear before the concerned
Magistrate on 17.09.2025 and on that day, the Magistrate may record the statements of the
parties and submit his report before this Court on or before 23.09.2025 with regard to the
compromise.
4. List this case on 23.09.2025.
CRLP No. 12106 of 2025
2
5. Till the next date of listing, petitioners shall not be arrested in pursuance of FIR dated
23.05.2025 registered as Case Crime No.0604 of 2025, under Sections 352, 351 (1), 69 of
BNS, Police Station Indrapuram, District Ghaziabad. "
4. Thereafter, both the parties appeared before the Investigating Officer as
well as the concerned Magistrate and got their statements recorded. The
Investigating Officer and the concerned Magistrate have given their
reports that the parties have in fact entered into a compromise and they
have entered into matrimonial alliance.
5. This being the position, we are of the considered view that no useful
purpose would be served in keeping the instant writ petition pending. In
view of the settlement now arrived at between the parties, no further trial of
the case etc. is required. Accordingly, the First Information Report dated
23.05.2025 giving rise to Case Crime No.0604 of 2025, under Section 352,
351(1), 69 of Bharatiya Nyaya Sanhita, 2023, Police Station - Indrapuram,
District Ghaziabad is quashed.
6. With the aforesaid observations, the instant writ petition stands
allowed.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
September 21, 2026
Sumit S
Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad
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