High Court · 2025

1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State respondents and Shri Deepak Upadhyay, learned counsel for the informant.

2. By means of the present writ petition under Article 226 of the Constitution of India, petitioner is assailing the legal validity of First Information Report dated 17.08.2024 being Case Crime No.365 of 2024 under Sections 109, 115 (2) BNS, P.S. Ajitmal, Distt. Auraiya.

3. This Court vide order dated 23.01.2025 has proceeded to pass the following order: "1. Heard Shri Anand Pati Tiwari, learned counsel for the petitioners; Shri Deepak Upadhyay, learned counsel for the informant and Shri Shashi Dhar Pandey, learned AGA for State respondents.

2. The instant writ petition has been preferred for quashing the FIR dated 17.08.2024 being Case Crime No.365 of 2024 under Sections 109, 115 (2) BNS, P.S. Ajitmal, Distt. Auraiya and for a direction to respondents not to arrest the petitioners pursuant to impugned FIR.

3. On the matter being taken up on 19.12.2024, the Court has proceeded to pass the following order:- "1. Sri Deepak Upadhyay, Advocate has filed his vakalatnama on behalf of respondent no.3 as also a short counter affidavit today itself. They may be kept on record.

2. There is a compromise which has been attached along with the short counter affidavit filed by learned counsel for respondent no.3.

3. The Investigating Officer may look into the compromise and see as to whether there is any coercion on the first informant to enter into the compromise.

4. List this case on 23.1.2025 as fresh before the appropriate Court. Till then, the petitioners shall not be arrested."

4. Learned counsel for the petitioners submits that as the parties have already settled the matter out of court and as such, the impugned first information report is liable to be quashed. The compromise dated 02.12.2024 is also brought on record. In support of his submission, he has placed reliance on the judgements of Hon'ble Apex Court in B.S. Joshi Vs. State of Haryana reported in 2003(4) SCC 675, Nikhil Merchant Vs. Central Bureau of investigation and another J.T. 2008(9) SC 192, Gian Singh Vs. State of Punjab (2012) 10 SCC 303, Yogendra Yadav and others Vs. State of Jharkhand (2014) 9 SCC 653 and also in Narendra Singh Vs. State of Punjab (2014) 6 SCC 466. Learned counsel for the petitioners submits that the criminal antecedent of the petitioners has also been duly explained in the supplementary affidavit filed today, which is taken on record.

5. It is submitted by learned counsel for the petitioners that all the disputes and differences have been settled between the parties. At this stage, it is pressed that continuation of the proceedings of the aforesaid case will be an abuse of process of law. He submits that the impugned FIR is liable to be quashed in view of the law laid down by the Apex Court in Gian Singh (supra), B.S. Joshi (supra) and Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582.

6. Learned counsel for the informant has also corroborated the submissions advanced by learned counsel for the petitioners.

7. We have considered the rival submissions and gone through the entire record.

8. In all the aforesaid cases, the Apex Court has laid down the law that criminal proceedings may be quashed even in non-compoundable cases by the High Court in exercise of its extraordinary jurisdiction to restore peace between the parties and in case the justice so demands. According to Hon'ble Supreme Court, if the offence involves private dispute between the parties of commercial nature or matrimonial dispute and it is not related to heinous offence, the proceedings may be quashed.

9. Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal proceeding and it would simply be a waste of time, if the aforesaid case is permitted to continue till its logical conclusion.

10. As it is informed that till date the police report under Section 173 (2) of Cr.P.C. has not been submitted in the aforesaid Case Crime, we direct that the parties may appear before the Investigating Officer for verification of the aforesaid compromise within one week from today. Thereafter, the investigating officer will produce the parties to the concerned jurisdictional Magistrate for verification of the said claim. It is also directed that the Magistrate concerned will record the statement of the parties concerned as to whether the terms and conditions if set out in the settlement/compromise had been fulfilled or not and submit a report before this Court by the next date, through Registrar (Compliance), without fail.

11. Put up this matter as fresh on 10.02.2025.

12. The interim order, if any, stands extended till the next date of listing."

4. On the matter being taken up on 10.02.2025, the Court has proceeded to pass the following order:- "1. A counter affidavit of behalf of State-respondents has been filed today, which is taken on record.

2. Learned AGA has placed reliance on paragraph 3 of the aforesaid counter affidavit, wherein it is disclosed that a compromise dated 05.02.2025 was entered into between the parties, and both parties appeared before the learned Civil Judge (J.D.), Auraiya.

3. In view of the counter affidavit filed today, we are unsure whether the compromise has been duly verified by the Magistrate or not.

4. On the request of the parties, the matter is adjourned for placing on record whether, in response to the order dated 23.01.2025, the compromise has been duly verified by the Magistrate or not. The report shall be submitted through the Registrar (Compliance).

5. Put up this matter again as fresh 24.02.2025.

6. Interim order granted earlier is extended till the next date of listing. "

5. In response to the order dated 10.02.2025, Civil Judge (Junior Division)/ Magistrate concerned, Auraiya has submitted a report dated 22.02.2025 whereby the compromise dated 06.02.2025 has been duly verified. Learned counsel for the petitioners contends that boty the parties involved have reached a mutual compromise, agreeing to withdraw cases filed against each other. He further states that since the parties have already settled the matter in light of the settlement agreement entered into on 06.02.2025, the instant First Information Report is liable to be quashed.

6. Learned counsel for the informant states informant has no objection in case the impugned first information report is quashed. Learned AGA has also fairly submitted that as the matter is already entertained and the interim order was accorded, the impugned FIR may be quashed.

7. As it is jointly submitted that as the dispute has come to be amicably resolved therefore, pending proceedings would serve no purpose and the same are liable to be quashed in the light of the judgements of the Hon'ble the Apex Court in the case of B.S. Joshi v. State of Haryana and others, 2003(4) SCC 675 and Gian Singh v. State of Punjab, 2012(10) SCC 303. Reliance has also been placed on the judgment of Division Bench of this Court dated 16.9.2022 in Criminal Misc. Writ Petition No.8510 of 2022 (Anuj Pandey v. State of U.P. & Ors.) wherein it is observed that the High Court has ample power under its inherent jurisdiction to quash the first information report in which the parties have settled their disputes which are of private in nature and have no any grave impact on the society. The time of courts as well as investigating agencies are very precious which should not be wasted in any futile proceedings where the chance of conviction is bleak.

8. Hon'ble the Apex Court in the case of Gian Singh (supra) has held in para-61 that; "the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences Under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre- dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

9. Since the dispute between the parties have already been settled amicably, pending proceedings would serve no purpose and the same are liable to be quashed in the light of the aforesaid judgments.

10. The writ petition is allowed and the proceedings of First Information Report dated 17.08.2024 being Case Crime No.365 of 2024 under Sections 109, 115 (2) BNS, P.S. Ajitmal, Distt. Auraiya. Order Date :- 24.2.2025 NLY NAND LAL YADAV High Court of Judicature at Allahabad

1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State respondents and Shri Deepak Upadhyay, learned counsel for the informant.

2. By means of the present writ petition under Article 226 of the Constitution of India, petitioner is assailing the legal validity of First Information Report dated 17.08.2024 being Case Crime No.365 of 2024 under Sections 109, 115 (2) BNS, P.S. Ajitmal, Distt. Auraiya.

3. This Court vide order dated 23.01.2025 has proceeded to pass the following order: "1. Heard Shri Anand Pati Tiwari, learned counsel for the petitioners; Shri Deepak Upadhyay, learned counsel for the informant and Shri Shashi Dhar Pandey, learned AGA for State respondents.

2. The instant writ petition has been preferred for quashing the FIR dated 17.08.2024 being Case Crime No.365 of 2024 under Sections 109, 115 (2) BNS, P.S. Ajitmal, Distt. Auraiya and for a direction to respondents not to arrest the petitioners pursuant to impugned FIR.

3. On the matter being taken up on 19.12.2024, the Court has proceeded to pass the following order:- "1. Sri Deepak Upadhyay, Advocate has filed his vakalatnama on behalf of respondent no.3 as also a short counter affidavit today itself. They may be kept on record.

2. There is a compromise which has been attached along with the short counter affidavit filed by learned counsel for respondent no.3.

3. The Investigating Officer may look into the compromise and see as to whether there is any coercion on the first informant to enter into the compromise.

4. List this case on 23.1.2025 as fresh before the appropriate Court. Till then, the petitioners shall not be arrested."

4. Learned counsel for the petitioners submits that as the parties have already settled the matter out of court and as such, the impugned first information report is liable to be quashed. The compromise dated 02.12.2024 is also brought on record. In support of his submission, he has placed reliance on the judgements of Hon'ble Apex Court in B.S. Joshi Vs. State of Haryana reported in 2003(4) SCC 675, Nikhil Merchant Vs. Central Bureau of investigation and another J.T. 2008(9) SC 192, Gian Singh Vs. State of Punjab (2012) 10 SCC 303, Yogendra Yadav and others Vs. State of Jharkhand (2014) 9 SCC 653 and also in Narendra Singh Vs. State of Punjab (2014) 6 SCC 466. Learned counsel for the petitioners submits that the criminal antecedent of the petitioners has also been duly explained in the supplementary affidavit filed today, which is taken on record.

5. It is submitted by learned counsel for the petitioners that all the disputes and differences have been settled between the parties. At this stage, it is pressed that continuation of the proceedings of the aforesaid case will be an abuse of process of law. He submits that the impugned FIR is liable to be quashed in view of the law laid down by the Apex Court in Gian Singh (supra), B.S. Joshi (supra) and Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582.

6. Learned counsel for the informant has also corroborated the submissions advanced by learned counsel for the petitioners.

7. We have considered the rival submissions and gone through the entire record.

8. In all the aforesaid cases, the Apex Court has laid down the law that criminal proceedings may be quashed even in non-compoundable cases by the High Court in exercise of its extraordinary jurisdiction to restore peace between the parties and in case the justice so demands. According to Hon'ble Supreme Court, if the offence involves private dispute between the parties of commercial nature or matrimonial dispute and it is not related to heinous offence, the proceedings may be quashed.

9. Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by permitting to continue the criminal proceeding and it would simply be a waste of time, if the aforesaid case is permitted to continue till its logical conclusion.

10. As it is informed that till date the police report under Section 173 (2) of Cr.P.C. has not been submitted in the aforesaid Case Crime, we direct that the parties may appear before the Investigating Officer for verification of the aforesaid compromise within one week from today. Thereafter, the investigating officer will produce the parties to the concerned jurisdictional Magistrate for verification of the said claim. It is also directed that the Magistrate concerned will record the statement of the parties concerned as to whether the terms and conditions if set out in the settlement/compromise had been fulfilled or not and submit a report before this Court by the next date, through Registrar (Compliance), without fail.

11. Put up this matter as fresh on 10.02.2025.

12. The interim order, if any, stands extended till the next date of listing."

4. On the matter being taken up on 10.02.2025, the Court has proceeded to pass the following order:- "1. A counter affidavit of behalf of State-respondents has been filed today, which is taken on record.

2. Learned AGA has placed reliance on paragraph 3 of the aforesaid counter affidavit, wherein it is disclosed that a compromise dated 05.02.2025 was entered into between the parties, and both parties appeared before the learned Civil Judge (J.D.), Auraiya.

3. In view of the counter affidavit filed today, we are unsure whether the compromise has been duly verified by the Magistrate or not.

4. On the request of the parties, the matter is adjourned for placing on record whether, in response to the order dated 23.01.2025, the compromise has been duly verified by the Magistrate or not. The report shall be submitted through the Registrar (Compliance).

5. Put up this matter again as fresh 24.02.2025.

6. Interim order granted earlier is extended till the next date of listing. "

5. In response to the order dated 10.02.2025, Civil Judge (Junior Division)/ Magistrate concerned, Auraiya has submitted a report dated 22.02.2025 whereby the compromise dated 06.02.2025 has been duly verified. Learned counsel for the petitioners contends that boty the parties involved have reached a mutual compromise, agreeing to withdraw cases filed against each other. He further states that since the parties have already settled the matter in light of the settlement agreement entered into on 06.02.2025, the instant First Information Report is liable to be quashed.

6. Learned counsel for the informant states informant has no objection in case the impugned first information report is quashed. Learned AGA has also fairly submitted that as the matter is already entertained and the interim order was accorded, the impugned FIR may be quashed.

7. As it is jointly submitted that as the dispute has come to be amicably resolved therefore, pending proceedings would serve no purpose and the same are liable to be quashed in the light of the judgements of the Hon'ble the Apex Court in the case of B.S. Joshi v. State of Haryana and others, 2003(4) SCC 675 and Gian Singh v. State of Punjab, 2012(10) SCC 303. Reliance has also been placed on the judgment of Division Bench of this Court dated 16.9.2022 in Criminal Misc. Writ Petition No.8510 of 2022 (Anuj Pandey v. State of U.P. & Ors.) wherein it is observed that the High Court has ample power under its inherent jurisdiction to quash the first information report in which the parties have settled their disputes which are of private in nature and have no any grave impact on the society. The time of courts as well as investigating agencies are very precious which should not be wasted in any futile proceedings where the chance of conviction is bleak.

8. Hon'ble the Apex Court in the case of Gian Singh (supra) has held in para-61 that; "the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences Under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre- dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

9. Since the dispute between the parties have already been settled amicably, pending proceedings would serve no purpose and the same are liable to be quashed in the light of the aforesaid judgments.

10. The writ petition is allowed and the proceedings of First Information Report dated 17.08.2024 being Case Crime No.365 of 2024 under Sections 109, 115 (2) BNS, P.S. Ajitmal, Distt. Auraiya. Order Date :- 24.2.2025 NLY NAND LAL YADAV High Court of Judicature at Allahabad