Allahabad High Court

ANAND PRAKASH SINGH @ ANAND SINGH AND 2 OTHERSversusSTATE OF UP AND 2 OTHERS

Decided: 19 April 2026
Bench: ACHAL SACHDEV MUNIR

Holding

The FIR is quashed as continuation of the criminal proceedings would be an abuse of process after the parties have settled the matrimonial dispute.

Summary

The petitioners filed a writ petition seeking quash of an FIR dated 20 June 2025 that alleged offences under Sections 115(2), 352 and 351(2) of the Indian Penal Code arising from a matrimonial dispute. The High Court referred the matter to the Mediation Centre, where the parties eventually entered into a comprehensive settlement, including a joint divorce petition under Section 13‑B of the Hindu Marriage Act, payment of alimony and a mutual agreement to withdraw all civil and criminal cases. The State, through its Additional Government Advocate, expressed no objection to the settlement, stating it was not the forerunner of the prosecution. The Court held that allowing the criminal proceedings to continue after the parties had resolved their dispute would constitute an abuse of process and waste public resources. Consequently, the Court allowed the writ petition, quashed the FIR and directed the Chief Judicial Magistrate to record the quashment in the police diary.

Issues considered

What is the appropriate judicial response when a criminal FIR arising from a matrimonial dispute is settled through mediation and a settlement agreement?
Does the State's lack of objection to the settlement justify quashing the FIR?

Legislation cited

Hindu Marriage Act — s. 13-B
Indian Penal Code — s. 115(2), 351(2), 352

Subjects

matrimonial dispute
quash FIR
mediation
abuse of process
criminal procedure
settlement agreement
Hindu Marriage Act
alimony

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 15148 of 2025

Anand Prakash Singh @ Anand Singh And 2
Others .....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)

Counsel for Petitioner(s) : Dhananjai Rai, Vibhu Rai
Counsel for Respondent(s) : G.A., Vipin Kumar Singh

Court No. - 47
HON'BLE J.J. MUNIR, J.
HON'BLE ACHAL SACHDEV, J.

This matter was mentioned in the morning to be taken up on urgency
shown, which was accepted. It is, accordingly, taken up out of turn.

Heard Mr. Vibhu Rai, learned counsel for the petitioners, Mr. Shashi
Shekhar Tiwari, learned Additional Government Advocate on behalf
of the State and Mr. Vipin Kumar Singh, learned counsel appearing
for respondent no. 3, the first informant.

This writ petition has been filed seeking to quash the first information
report dated 20.06.2025 giving rise to Case Crime No.0246 of 2025
under Sections 115(2), 352, 351(2) B.N.S., 2023, P.S. Kotwali,
District Fatehpur.

When the writ petition came up for admission on 17.07.2025, the
Division Bench of this Court referred the parties to Mediation Centre,
Allahabad High Court finding that the dispute was essentially
matrimonial in nature. Before the Mediation Centre, there were long
winded proceedings where nine sessions were held. Happily the
parties have compromised and entered into a settlement agreement
dated 17.02.2026, which has been forwarded to this Court alongwith
a report of the Mediation Centre of the same day. The terms of
settlement arrived at between parties are carried in paragraph no. 7
of the settlement agreement, in its various clauses, which read :

"7. In view of the Interim Settlement Agreement dated 03.02.2026, the
following settlement has been arrived at between the Parties hereto :-
CRLP No. 15148 of 2025
2

a) That both the parties have agreed to live separately and mutually settled to
dissolve their relationship as husband and wife and in this regard they have
filed a joint petition u/s 13-B of the Hindu Marriage Act before the learned
Principal Judge, Family Court, Fatehpur and the same is registered as Petition
No. 97/2026 (Amit Singh Chauhan alias Amit Singh and Sneha Singh). The
parties undertake to produce the certified copy of the divorce petition before
the Hon'ble Allahabad High Court at the time of hearing.

b) That it has been agreed between the parties that the husband shall pay an
amount of Rs.25,00,000/- (Rs. Twenty Five Lakh only) to the wife towards
permanent alimony including Stridhan, maintenance and all her other financial
claims.

c) That after receiving the aforesaid agreed amount, the wife shall not claim
any financial assistance from the husband and also not stake any claim in the
property of husband or his family members.

d) That on 03.02.2026, at the time of interim settlement agreement, the
husband had produced a demand draft bearing no.006813 dated 29.01.2026
for Rs.6,25,000/- (Rs. Six Lakh Twenty Five Thousand only) drawn on HDFC
Bank issued in the name of Sneha Singh (wife) which was kept on record and
the same has been handed over today i.e.17.02.2026, to the wife and the wife
acknoweldges the receipt of the same.

e) That today, the husband has produced a demand draft before the Centre,
bearing D.D. No.006837 dated 12.02.2026 for Rs.6,25,000/- (Rs. Six Lakh
Twenty Five Thousand only) drawn on HDFC Bank in favour of Sneha Singh
(wife) and the same has been handed over to the wife and the wife
acknowledges the receipt of the same.

f) That it has been agreed between the parties that the remaining amount i.e.
Rs.12,50,000/- (Rs. Twelve Lakh Fifty Thousand only) shall be paid by the
husband to the wife at the time of final judgment in Petition No. 97/2026 (Amit
Singh Chauhan alias Amit Singh and Sneha Singh) pending before the
learned Principal Judge, Family Court, Fatehpur, by way of demand draft.

g) That it has also been agreed between the parties that all civil and criminal
cases filed by them against each other or their family members regarding
present matrimonial dispute shall be withdrawn by the parties concerned by
taking appropriate steps before the Court/authority concerned.

h) That the parties will not file any fresh case against each other in respect of
this matrimonial dispute."
CRLP No. 15148 of 2025
3

Now that the parties have entered into a settlement agreement,
permitting the investigation or proceedings in the Court on the basis
of the impugned F.I.R. to continue would be an abuse of process of
court and wastage of public time and money.

Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate
upon being asked to disclose the State's stand in the matter, says
that he has no objection since the State is not the forerunner of the
prosecution.

Accordingly, this writ petition succeeds and is allowed. The
impugned F.I.R. dated 20.06.2025 giving rise to Case Crime No.0246
of 2025 under Sections 115(2), 352, 351(2) B.N.S., 2023, P.S.
Kotwali, District Fatehpur, is hereby quashed.

The Chief Judicial Magistrate, Fatehpur, shall cause an entry to be
made in the general diary of P.S. Kotwali, District Fatehpur in red ink
that Case Crime No.0246 of 2025,under Sections 115(2), 352, 351(2)
B.N.S., 2023, P.S. Kotwali, District Fatehpur has been quashed on
the orders of this Court.

April 20, 2026
KS/Zafar
(Achal Sachdev,J.) (J.J. Munir,J.)

Digitally signed by :-
KISHAN SINHA
High Court of Judicature at Allahabad

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