Allahabad High Court
ABHISHEK BANSAL AND 3 OTHERSversusState of UP AND 2 OTHERS
- Decided
- Bench
- TARUN SAXENAMUNIR
Holding
The petition is dismissed as the FIR has already been quashed in an earlier order.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking the quashal of an FIR (Case Crime No. 0125 of 2024) registered under Sections 85, 115, 352, 351, 109 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The High Court noted that the same FIR had already been quashed in Criminal Misc. Writ Petition No. 10898 of 2025. Since the earlier order already disposed of the FIR, the present petition was deemed to have no remaining issue. Consequently, the court consigned the petition to the record and directed communication of the order to the relevant police authorities. No further orders were required.
Issues considered
- What is the appropriate remedy when an FIR that has already been quashed is the subject of a fresh petition for quashal?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 351, 352, 85
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- quashal of FIR
- criminal procedure
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- petition dismissed
- compromise
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 14273 of 2024
Abhishek Bansal And 3 Others
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Priya Saxena, Rakesh Kumar Mishra,
Sarvesh Kumar Dubey, Umesh Kumar
Singh
Counsel for Respondent(s) : Awadhesh Kumar Pandey, G.A.,
Rajrshi Gupta, Shantanu
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 petitioners have 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. Looking to the terms of the compromise, we have already quashed the
impugned FIR in Criminal Misc. Writ Petition No. 10898 of 2025 by our
order of date passed in that case.
4. Since the FIR impugned here is the same as the one quashed by our
order of date passed in Criminal Misc. Writ Petition No. 10898 of 2025,
this petition does not survive. No further orders are required to be made in
CRLP No. 14273 of 2024
2
this petition. It is consigned to record.
5. 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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