Allahabad High Court
SMT. KANTI DEVI AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The FIR and all consequential proceedings are quashed as the parties have settled the dispute and the compromise deed has been verified.
Summary
Petitioners Kanti Devi and others filed a writ petition seeking quashal of an FIR dated 29‑April‑2025 and a mandamus directing the police not to arrest them, alleging that the dispute underlying the FIR had been amicably settled through a compromise deed verified by the Special Chief Judicial Magistrate, Agra. The State did not contest the existence or verification of the compromise. The Court examined the verification report and, relying on the principle that criminal proceedings should not continue where parties have settled the dispute, referred to the Supreme Court’s decision in Gian Singh v. State of Punjab. Consequently, the Court allowed the petition, quashing the FIR and all consequent proceedings, finding no purpose in proceeding to trial.
Issues considered
- Whether an FIR can be quashed on the ground of a verified compromise deed between the parties.
- Whether a mandamus directing the police not to arrest the petitioners is warranted in such circumstances.
- Whether the settlement extinguishes criminal liability under sections 85, 115(2), 352, 351(2) of the IPC and the Dowry Prohibition Act.
Legislation cited
- Dowry Prohibition Act — s. 3/4
- Indian Penal Code — s. 115(2), 351(2), 352, 85
Subjects
- criminal law
- FIR quash
- compromise deed
- mandamus
- dowry prohibition
- writ petition
- certiorari
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9842 of 2025
Smt. Kanti Devi And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anita Srivastava, Yogendra Kumar
Srivastava
Counsel for Respondent(s) : G.A., Ram Pravesh Yadav
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 29.4.2025 (Annexure no. to this
writ petition) lodged in case crime No. 182 of 2025, under sections 85,
115(2), 352, 351 (2) Β.Ν.S. 3/4 Dowry Prohibition Act, Police Station
Shahganj, District Agra.
ii) issue a writ order or direction in the nature of mandamus directing the
respondents not to arrest the Petitioners in case crime No. 182 of 2025,
under sections 85, 115(2), 352, 351 (2) B.N.S. & 3/4 Dowry Prohibition Act,
Police Station Shahganj, District Agra."
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 12.8.2026, the said compromise deed has been
produced before the Special Chief Judicial Magistrate, Agra 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 been verified by the
concerned Magistrate, the impugned First Information Report dated
CRLP No. 9842 of 2025
2
29.4.2025 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. Raj Kumar Pandey, Advocate holding breif of Sri Yogendra
Kumar Srivastava, learned counsel appearing on behalf of the petitioners,
Mr. Ram Prakash Yadav, learned counsel appearing on behalf of respondent
no. 3 and learned A.G.A. appearing on behalf of the State-respondents.
5. We have perused the verification report dated 25.8.2026 sent by Special
Chief Judicial Magistrate, Agra
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.
3, the verification report dated 25.8.2026 sent by Special Chief Judicial
Magistrate, Agra 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 First Information Report dated 29.4.2025 (Annexure no. to
this writ petition) lodged in case crime No. 182 of 2025, under sections 85,
115(2), 352, 351 (2) Β.Ν.S. 3/4 Dowry Prohibition Act, Police Station
Shahganj, District Agra along with all consequential proceedings, are is
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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