Allahabad High Court
JAI KISHAN AGARWAL AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The FIR dated 04‑12‑2025 is quashed.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking quash of an FIR dated 04‑12‑2025 under IPC sections 85, 115(2) BNS and Dowry Prohibition Act sections 3 and 4, and a mandamus restraining their arrest. Both parties submitted that the dispute had been amicably settled through a mediation‑conciliation process, and a settlement deed dated 17‑07‑2026 was placed on record. The State did not contest the existence or terms of the settlement. The Court examined the settlement deed, the parties’ statements, and the precedent set in Gian Singh v. State of Punjab (2012) 10 SCC 303, and concluded that proceeding with the FIR would serve no purpose. Accordingly, the Court allowed the writ petition and quashed the FIR, thereby also preventing any arrest in connection with the case.
Issues considered
- Whether an FIR can be quashed on the ground that the parties have settled the dispute through a mediation‑conciliation settlement.
- Whether a writ of mandamus can be issued to restrain the arrest of the petitioners pending the settlement.
Legislation cited
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 115(2) BNS, 85
Subjects
- criminal law
- FIR quash
- settlement agreement
- mediation and conciliation
- dowry prohibition
- writ petition
- certiorari
- mandamus
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 2459 of 2026
Jai Kishan Agarwal And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Saumitra Dwivedi
Counsel for Respondent(s) : G.A., Sanjay Kumar
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed with the following main reliefs:-
"a. Issue a writ order or direction in the nature of certiorari quashing the
first information report dated 04.12.2025 lodged by respondent no. 3 which
was registered as Case Crime No. 0508 of 2025, under Sections 85, 115(2)
BNS & Sections 3, 4 Dowry Prohibition Act 1961, Police Station Raath,
District Hamirpur, otherwise petitioners shall suffer irreparable loss and
injury.
b. Issue a writ order or direction in the nature of mandamus restraining the
respondent authorities from arresting the petitioners in pursuance of first
information report dated 04.12.2025 lodged by respondent no. 3 which was
registered as Case Crime No. 0508 of 2025, under Sections 85, 115(2) BNS
& Sections 3, 4 Dowry Prohibition Act 1961, Police Station Raath, District
Hamirpur, lodged against the petitioners, during the pendency of present
writ petition before this Hon'ble Court."
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 11.02.2026 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 settlement agreement
dated 17.07.2026 which is taken on record. As per the terms and condition of
the agreement mentioned in paragraph-7 of the said agreement which is on
record.
CRLP No. 2459 of 2026
2
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 04.12.2025 against the petitioner 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 learned counsel appearing on behalf of the petitioners, learned
counsel appearing on behalf of respondent no. 3 and learned A.G.A.
appearing on behalf of the State-respondents.
6. We have perused the settlement agreement dated 17.07.2026 sent by
Allahabad High Court Mediation and Conciliation Centre.
7. 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.3, the settlement agreement dated 17.07.2026 and the statement made by
the parties concerned that they shall abide by all the terms and conditions of
the said compromise deed, we have 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 petition.
9. Accordingly, the present writ petition is allowed.
10. The impugned F.I.R. dated 04.12.2025 registered as Case Crime No.
0508 of 2025, under Sections 85, 115(2) BNS & Sections 3, 4 Dowry
Prohibition Act 1961, Police Station Raath, District Hamirpur, is hereby
quashed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 21, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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