Allahabad High Court
RAHIL ALIAS ARSHAN AND 5 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The FIR and all consequent criminal proceedings are quashed as the parties have settled the dispute, rendering further prosecution unnecessary.
Summary
Petitioners Rahil alias Arshan and five others filed a writ petition seeking quash of an FIR dated 02‑09‑2025 and a mandamus to prevent their arrest, alleging that the dispute underlying the FIR had been amicably settled through a mediation agreement dated 07‑04‑2026, which involved payment of Rs.15 lakh to the wife. The State did not contest the existence of the settlement. The Court examined the settlement deed, noted that the parties had agreed to abide by its terms, and, relying on the Supreme Court’s decision in Gian Singh v. State of Punjab (2012) 10 SCC 303, held that continuing criminal proceedings would serve no purpose. Consequently, the Court allowed the writ, quashing the FIR and all consequential proceedings.
Issues considered
- Whether an FIR can be quashed on the ground of a settlement between the parties under the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act, 1961.
- Whether a mandamus can be issued to restrain the police from arresting the petitioners after a settlement.
- Whether the settlement agreement bars the continuation of criminal prosecution for the offences alleged in the FIR.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 333, 351(3), 352, 85, 89
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- settlement
- compromise
- quash FIR
- mandamus
- criminal procedure
- dowry prohibition
- Bharatiya Nyaya Sanhita
- mediation
- conciliation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21861 of 2025
Rahil Alias Arshan And 5 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Babita Upadhyay, Sanjeev Kumar Gaur
Counsel for Respondent(s) : G.A., Mohammad Sakir
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE ABDUL SHAHID, J.
1. The instant writ petition has been filed seeking following main
reliefs:-
i) issue a writ order or direction in the nature of certiorari quashing the
impugned First Information Report dated 02.09.2025 (Annexure-1 to
the writ petition) registered as Case Crime No.349 of 2025, under
Sections 85, 333, 115(2), 352, 351(3), 89 of the Bharatiya Nyaya
Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961,
Police Station-Bahjoi, District-Sambhal.
ii) issue a writ order or direction in the nature of mandamus
commanding the respondents not to arrest the petitioners in pursuant
of impugned FIR dated 02.09.2025 registered as Case Crime No.349
of 2025, under Sections 85, 333, 115(2), 352, 351(3), 89 of the
Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry
Prohibition Act, 1961, Police Station-Bahjoi, District-Sambhal,
2. Learned counsel appearing on behalf of the parties have jointly
submitted that the parties concerned have settled their disputes
amicably in compliance of the order dated 24.9.2025 before
Mediation and Conciliation Centre, Allahabad High Court. It is further
submitted that the parties concerned shall abide by all the terms and
conditions mentioned in the said settlement agreement which is on
record. The terms and conditions of the agreement mentioned in
CRLP No. 21861 of 2025
2
paragraph no.7 (c) of the said agreement are as follows:-
"That today i.e. 07.04.2026, the petitioner no. 1-husband has handed
over two demand draft of Rs.8,00,000/- & Rs.7,00,000/- (Total
Rupees Fiften Lakh only) bearing draft nos. 003253 & 307013 dated
02.04.2026 & 30.03.2026 drawn on HDFC Bank and State Bank of
India in favour of Mrs. Fiza (wife) and she has acknowledged the
receipts of the same."
3. Learned counsel for the parties further submit that since all the
disputes between the parties concerned have already been settled
before the Mediation and Conciliation Centre, Allahabad High Court,
the impugned First Information Report dated 2.9.2025 against the
petitioners deserves to be quashed.
4. Learned Additional Government Advocate appearing on behalf of
the State-respondents has not disputed the facts of the settlement
agreement.
5. Heard Ms. Babita Upadhyay, learned counsel appearing on behalf
of the petitioners and learned A.G.A. appearing on behalf of the
State-respondents.
6. We have perused the settlement agreement dated 7.4.2026 sent
by Mediation and Conciliation Centre, High Court, Allahabad.
7. Taking into consideration the submissions made by learned
counsel appearing on behalf of the petitioners and learned A.G.A.
appearing on behalf of the State-respondents, the settlement
agreement dated 7.4.2026 and the statement made by the parties
concerned that they shall abide by all the terms and conditions of the
said compromise deed, we are 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
CRLP No. 21861 of 2025
3
petition.
9. Accordingly, the present writ petition is allowed.
10. The impugned First Information Report dated 02.09.2025
registered as Case Crime No.349 of 2025, under Sections 85, 333,
115(2), 352, 351(3), 89 of the Bharatiya Nyaya Sanhita, 2023 and
Sections 3/4 of the Dowry Prohibition Act, 1961, Police Station-
Bahjoi, District-Sambhal along with all consequential proceedings,
are hereby quashed.
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
September 30, 2026
M. Tarik
Digitally signed by :-
MOHD TARIK
High Court of Judicature at Allahabad
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