Allahabad High Court
TAUFIK AHMAD @ TAUFIK AND 4 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The FIR dated 09.02.2026 and all consequent proceedings are quashed as the parties have settled the dispute through a mediation agreement.
Summary
Petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash FIR No. 0074 of 2026 and a mandamus to prevent further arrest, alleging that the dispute underlying the FIR had been settled through a mediation and conciliation agreement dated 27.06.2026. Both parties, including the State, acknowledged the settlement and did not contest its terms. The Court examined the settlement deed, the submissions of counsel, and the precedent set by Gian Singh v. State of Punjab (2012) 10 SCC 303, concluding that proceeding with the FIR would serve no purpose. Accordingly, the Court allowed the writ petition, quashing the FIR and all consequential proceedings. The order effectively bars any further harassment or arrest of the petitioners in respect of the matter.
Issues considered
- Whether an FIR can be quashed on the ground of a settlement reached between the parties through mediation and conciliation.
- Whether a writ of mandamus can be issued to restrain the police from arresting the petitioners in connection with the settled dispute.
- Whether the provisions of Sections 85, 115(2), 92 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act are barred by the settlement.
Legislation cited
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 115(2), 85, 92
Subjects
- settlement agreement
- compromise deed
- quash FIR
- criminal procedure
- writ of certiorari
- mandamus
- mediation and conciliation
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 3991 of 2026
Taufik Ahmad @ Taufik And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dileep Kumar
Counsel for Respondent(s) : G.A., Manoj Kumar Mishra, Tabassum Bano
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed seeking following main
reliefs:-
"(i) Issue an appropriate Writ, order or direction in the nature of Certiorari
calling for the records of the case and quashing the impugned F.I.R. dated
09.02.2026, registered as Case Crime No. 0074 of 2026, under Section 85,
115(2), 92 BNS and Sections 3/4 D.P. Act, Police Station Hafizganj, District
Bareilly (Annexure No. 1 to this writ petition).
(ii) Issue an appropriate writ, order or direction in the nature of Mandamus
commanding the Respondent no. 2 or his subordinate officers not to
harass/arrest the petitioners in pursuance of impugned F.I.R. dated
09.02.2026, registered as Case Crime No. 0074 of 2026, under Section 85,
115(2), 92 BNS and 3/4 DP Act, Police Station Hafizganj, District Bareilly
(Annexure No. 01 to this writ petition)."
2. Learned counsel appearing on behalf of the parties have jointly
submitted that the parties concerned have settled their disputes
amicably before the Mediation and Conciliation Centre, Allahabad
High Court in compliance of the order dated 27.02.2026. 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.
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 09.02.2026 against the
petitioners deserves to be quashed.
CRLP No. 3991 of 2026
2
4. Learned Additional Government Advocate appearing on behalf of
the State-respondents has not disputed the facts of the settlement
agreement.
5. Heard Mr. Dileep Kumar, learned counsel appearing on behalf of
the petitioners, Ms. Tabassum Bano, learned counsel appearing on
behalf of respondent nos. 4 and 5 and Mr. R.K. Gupta, learned
A.G.A. appearing on behalf of the State-respondents.
6. We have perused the settlement agreement dated 27.06.2026 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, learned A.G.A.
appearing on behalf of the State-respondents, learned counsel
appearing on behalf of respondent no. 4 and 5, the settlement
agreement dated 27.06.2026 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 09.02.2026 in connection with Case
Crime No. 0074 of 2026, under Sections 85, 115(2), 92 BNS and
Section 3/4 DP Act, Police Station Hafizganj, District Bareilly along
with all consequential proceedings, are hereby quashed.
September 21, 2026
Saurabh
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
Checking your session…