Allahabad High Court

VISHAL AND 2 OTHERSversusSTATE OF U.P. AND 6 OTHERS

Decided: 5 May 2026
Bench: TARUN SAXENA MUNIR

Holding

The FIR is quashed as the verified compromise renders continuation of the criminal proceeding an abuse of process.

Summary

The petitioners sought quash of an FIR dated 10‑08‑2025 filed under IPC sections 191(2), 191(3), 115(2), 109(1), 352, 351(3) BNS and Section 3(2)(v) of the SC/ST Act. The parties had reached a compromise, which was verified by the Chief Judicial Magistrate of Kanpur Dehat. The State expressed no objection to the compromise. The High Court held that proceeding with the FIR would constitute an abuse of the criminal process and waste public resources. Consequently, the Court allowed the writ petition and ordered the FIR to be quashed, directing entry in the police diary and communication to the relevant authorities.

Issues considered

Whether an FIR can be quashed on the basis of a compromise verified by a magistrate.
Whether the compromise is permissible under the applicable provisions of the IPC and the SC/ST Act.
Whether continuation of the criminal proceeding would amount to an abuse of process.

Legislation cited

Indian Penal Code — s. 109(1), 115(2), 191(2), 191(3), 351(3), 352
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)

Subjects

compromise
quash FIR
abuse of process
criminal procedure
SC/ST Act
IPC
High Court
writ petition

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 4834 of 2026

Vishal And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)

Counsel for Petitioner(s) : Amar Vikash, Naresh Kumar Pal, R.U. Rinki
Renu
Counsel for Respondent(s) : G.A., R.U. Rinki Renu

Court No. - 47
HON'BLE J.J. MUNIR, J.
HON'BLE TARUN SAXENA, J.

This writ petition has been filed seeking to quash FIR dated 10.08.2025 giving rise to
Case Crime No. 0159 of 2025, under Sections 191 (2), 191 (3), 115 (2), 109 (1), 352,
351 (3) BNS and Section 3(2)(v) of SC/ST Act, Police Station Shivrajpur, West
Commissionerate, Kanpur Nagar.

The parties say that they have compromised in the matter and vide our order dated
24.04.2026, we required the Chief Judicial Magistrate, Kanpur Nagar to verify the
compromise. In fact, the matter is related to Kanpur Dehat. Therefore, the Chief
Judicial Magistrate, Kanpur Dehat has verified the compromise as his report dated
05.05.2026 would show that there is an order dated 05.05.32026 passed by the Chief
Judicial Magistrate, Kanpur Dehat verifying the compromise.

There is on record a photostat copy of the compromise bearing the photograph of
parties carrying their memoranda of identification as well.

The compromise having been duly verified by the learned Chief Judicial Magistrate,
Kanpur Dehat, it is fit to be accepted. What we notice is that it is unequivocal in the
compromise that the first informant does not want to pursue the FIR and the parties
want to live in peace. We have already remarked in our order dated 24.04.2026 that
the injuries are simple in nature and no fracture has been detected in the X Ray
examination.

We have enquired of the learned AGA as to what is the stand of the State in the
matter. He submits that in the circumstances the State would have no objection if the
FIR is quashed, acting on the compromise between parties.

Looking to the stand of the parties, it would be an abuse of the process of criminal law
and waste of public time and money this FIR is permitted to survive and investigated.
It would lead to no fruitful result.R.
CRLP No. 4834 of 2026
2

In the result, this writ petition succeeds and is allowed. The impugned F.I.R. dated
10.08.2025 giving rise to Case Crime No. 0159 of 2025, under Sections 191 (2), 191
(3), 115 (2), 109 (1), 352, 351 (1) BNS and Section 3(2)(v) of SC/ST Act, Police
Station Shivrajpur, West Commissionerate, Kanpur Nagar is hereby quashed.

An entry shall be caused to be made in the General Diary of Police Station, Shivrajpur
West Commissionerate, Kanpur Nagar by the learned Chief Judicial Magistrate,
Kanpur Nagar in red ink that proceedings of Case Crime No. 0159 of 2025, under
Sections 191 (2), 191 (3), 115 (2), 109 (1), 352, 351 (1) BNS and Section 3(2)(v) of
SC/ST Act, Police Station Shivrajpur, West Commissionerate, Kanpur Nagar stand
quashed under orders of this Court.

The Registrar (Compliance) is directed to communicate this order to the learned Chief
Judicial Magistrate, Kanpur Dehat, and through him, to the Commissioner of Police,
Kanpur Nagar and the Station House Officer, P.S. Shivrajpur District Kanpur Nagar,
within 48 hours next.

May 6, 2026 (Tarun Saxena,J.) (J.J. Munir,J.)
C. MANI/ Prashant

Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad

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