Allahabad High Court
JAINUL AND 5 OTHERSversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The FIR dated 24‑02‑2026 is quashed as the parties have settled the dispute and no purpose would be served by proceeding to trial.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking the quash of an FIR dated 24‑02‑2026 and a mandamus to prevent their arrest, alleging that the dispute underlying the FIR had been amicably settled and the compromise deed was verified by the magistrate. Both parties’ counsel confirmed the settlement and the State did not contest the facts. The Court examined the magistrate’s report and, relying on the principle that a settled criminal dispute does not warrant trial, referred to the Supreme Court’s decision in Gian Singh v. State of Punjab. Consequently, the Court allowed the writ petition and quashed the FIR. The order also effectively barred any further arrest or harassment of the petitioners in respect of the same FIR.
Issues considered
- Whether an FIR can be quashed on the ground of a settlement and verified compromise deed between the parties.
- Whether a writ of mandamus can be issued to restrain the police from arresting the petitioners after settlement.
- Whether the provisions of the Indian Penal Code sections invoked in the FIR are amenable to compromise under criminal law.
Legislation cited
- Indian Penal Code — s. 115(2), 118(1), 191(2), 191(3), 333, 351(2), 352
Subjects
- settlement deed
- compromise in criminal cases
- quash FIR
- certiorari
- mandamus
- high court writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 13136 of 2026
Jainul And 5 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Kumar Mishra, Vinay Kumar
Pandey
Counsel for Respondent(s) : Anil Kumar Bind, G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed by the petitioners with the
following main prayers :-
"i. Issue writ, order, or direction in the nature of certiorari
quashing the impugned First Information Report dated
24.02.2026 in Case Crime No. 048 of 2026 initially registered
under Sections 191 (2), 191 (3), 333, 115 (2), 352, 351 (2), 118
(1) of BNS, Police Station Kamalganj, District Fatehgadh.
ii. Issue a writ, order or direction in the nature of mandamus
commanding the respondents not to arrest/harass the petitioners
in pursuance to impugned First Information Report dated
24.02.2026 in Case Crime No. 048 of 2026 initially registered
under Sections 191 (2), 191 (3), 333, 115 (2), 352, 351 (2), 118
(1) of BNS, Police Station Kamalganj, District Fatehgadh."
2. Learned counsels appearing on behalf of the parties jointly submit that the
parties have amicably settled their dispute. It is further submitted that, in
compliance with the order dated 29.06.2026, the compromise deed has duly
been verified by the learned Magistrate concerned, as shown in the report
dated 23.07.2026.
3. Learned counsels for the parties further submits that since all the disputes
between the parties concerned have already been settled, the impugned First
Information Report dated 24.02.2026 against the petitioners deserves to be
CRLP No. 13136 of 2026
2
quashed.
4. Learned Additional Government Advocate appearing on behalf of the
State-respondents has not disputed the facts of the settlement agreement.
5. Heard Mr. Vinay Kumar Pandey, learned counsel appearing on behalf of
the petitioners, learned counsel appearing on behalf of respondent no. 4 and
Mr. Rizwan Ahmad, learned A.G.A. appearing on behalf of the State-
respondents.
6. We have perused the report dated 23.07.2026 sent by Chief Judicial
Magistrate, Farrukhabad.
7. Taking into consideration the submissions made by learned counsel
appearing on behalf of the petitioners, learned A.G.A. appearing on behalf of
the State-respondents, learned counsel appearing on behalf of respondent no.
4, and the statement made by the parties concerned that they shall abide by
all the terms and conditions of the said compromise deed, we have 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 petition.
9. Accordingly, the present writ petition is allowed.
10. The impugned F.I.R. dated 24.02.2026 in Case Crime No. 048 of 2026
initially registered under Sections 191 (2), 191 (3), 333, 115 (2), 352, 351
(2), 118 (1) of BNS, Police Station Kamalganj, District Fatehgadh is hereby
quashed.
September 11, 2026 (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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