Allahabad High Court
RAJESH KUMAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The FIR dated 30‑06‑2026 and all consequent proceedings are quashed as the parties have settled the dispute via a verified compromise deed.
Summary
Petitioners Rajesh Kumar and another filed a criminal miscellaneous writ petition seeking quash of an FIR dated 30‑06‑2026 and a mandamus to prevent their arrest, alleging that the dispute underlying the FIR had been settled by a compromise deed verified by the Civil Judge. The State and other respondents did not contest the existence of the compromise. The Court examined the verification report, the parties' statements, and the legal principle that a criminal proceeding should not continue where the parties have amicably resolved the matter. Relying on the Supreme Court’s decision in Gian Singh v. State of Punjab, the Court held that there was no purpose in proceeding with the trial. Consequently, the petition was allowed and the FIR along with all consequential proceedings were quashed.
Issues considered
- Whether an FIR can be quashed when the parties have settled the dispute through a court‑verified compromise deed.
- Whether a writ of mandamus can be issued to restrain the police from arresting the petitioners in such circumstances.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 115(2), 190, 191(2), 324(4), 351(3), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(da), 3(1)(dha), 3(2)(va)
Subjects
- compromise deed
- quash FIR
- criminal procedure
- mandamus
- BNS Act
- SC/ST Act
- settlement
- writ petition
- certiorari
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 16186 of 2026
Rajesh Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nagendra Kumar Singh
Counsel for Respondent(s) : G.A., Suneel Kumar
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 :-
"(1) Issue writ, order, or direction in the nature of certiorari quashing the
impugned First Information Report dated 30.06.2026 in Case Crime No.
0164 of 2026 registered under Sections 190, 191(2), 74, 115(2), 352,
351(3), 324(4) of BNS & 3(1)(da), 3(1)(dha), 3(2)(va) of SC/ST Act,
Police Station Islam Nagar, District Budaun.
(2) 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 30.06.2026 in
Case Crime No. 0164 of 2026 registered under Sections 190, 191(2), 74,
115(2), 352, 351(3), 324(4) of BNS & 3(1)(da), 3(1)(dha), 3(2)(va) of
SC/ST Act, Police Station Islam Nagar, District Budaun."
2. Learned counsel appearing on behalf of the parties have jointly
submitted that the parties concerned have settled their disputes amicably
and in compliance of the order dated 09.07.2026, the said compromise
deed has been produced before the Civil Judge (J.D.)/FTC, Budaun and
the same has also been verified in presence of the parties. It is further
submitted that the parties concerned shall abide by all the terms and
conditions mentioned in the said compromise deed. Learned counsel for
the parties further submits that since all the disputes between the parties
concerned have already been settled and the compromise deed has also
CRLP No. 16186 of 2026
2
been verified by the concerned Magistrate, the impugned First
Information Report dated 30.06.2026 against the petitioners deserves to
be quashed.
3. Learned Additional Government Advocate appearing on behalf of the
State-respondents has not disputed the facts of compromise as stated by
learned counsel for the parties.
4. Heard Mr. Nagendra Kumar Singh, learned counsel appearing on
behalf of the petitioners, Mr. Suneel Kumar, learned counsel appearing on
behalf of respondent no. 4 and learned A.G.A. appearing on behalf of the
State-respondents.
5. We have perused the verification report dated 13.07.2026 sent by Civil
Judge (J.D.)/FTC, Budaun.
6. 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, the verification report dated 13.07.2026 sent by Civil
Judge, (J.D./FTC, Budaun 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.
7. 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.
8. Accordingly, the present writ petition is allowed.
9. The impugned F.I.R. dated 30.06.2026 in connection with Case Crime
No. 0164 of 2026 registered under Sections 190, 191(2), 74, 115(2), 352,
351(3), 324(4) of BNS & 3(1)(da), 3(1)(dha), 3(2)(va) of SC/ST Act,
Police Station Islam Nagar, District Budaun along with all consequential
proceedings, are hereby quashed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 28, 2026
Prajapati RK
Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad
Checking your session…