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Allahabad High Court

BANTI SIKARWARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The FIR and all consequential proceedings are quashed on account of the parties’ compromise.

Summary

The petitioner, Banti Sikarwar, filed a writ petition seeking quashment of an FIR dated 16‑04‑2025 that gave rise to Crime No. 55 of 2025 under Sections 115(2), 352 and 351(2) of the Indian Penal Code. The respondent‑4 submitted a short counter‑affidavit stating that the parties had reached an out‑of‑court compromise and that it had no objection to the FIR being quashed. The Court examined the pleadings and the material on record. Considering the compromise and the lack of any objection from the respondent, the Court held that the FIR and all consequent proceedings could be set aside. Consequently, the writ petition was allowed and the FIR was quashed.

Issues considered

  • Whether an FIR can be quashed on the ground of an out‑of‑court compromise between the parties

Legislation cited

Subjects

  • quash FIR
  • out‑of‑court compromise
  • Criminal Procedure
  • Indian Penal Code
  • Section 115
  • Section 352
  • Section 351
  • High Court of Allahabad

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     CRIMINAL MISC. WRIT PETITION No. - 13844 of 2025

                                    Banti Sikarwar
                                                                                                .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)               :   Sanjay Singh
                                    Counsel for Respondent(s)               :   Dilip Kumar Goswami, G.A.

                                    Court No. - 44
                                                           HON'BLE SIDDHARTH, J.
                                                           HON'BLE SATYA VEER SINGH, J.

                                    Short counter affidavit has been filed by learned counsel for respondent
                                    no.4, which is taken on record.

                                    Heard learned counsel for the petitioner; Sri Dilip Kumar Goswami,
                                    learned counsel for respondent no.4; the learned A.G.A. for the State-
                                    respondents and perused the material on record.

                                    The writ petition has been filed praying for quashing the F.I.R. dated
                                    16.4.2025 giving rise to Case Crime No. 55 of 2025, under Sections
                                    115(2), 352, 351(2) B.N.S., Police Station- Dauki, District- Agra.

                                    It has been stated in the short counter affidavit filed by respondent no.4
                                    that parties have entered into compromise outside the court. Respondent
                                    no.4 has no objection, in case impugned FIR is quashed.

                                    In view of the above, the impugned FIR and all consequential proceedings
                                    are hereby quashed.

                                    This writ petition is allowed.



                                                                           (Satya Veer Singh,J.) (Siddharth,J.)
                                    April 20, 2026
                                    Ruchi Agrahari




Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad


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