Vishal and 2 Others Vs State of U.P. and 6 Others — Allahabad HC (2026) — LawSathi Research

Vishal and 2 Others Vs State of U.P. and 6 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the FIR dated 10.08.2025 (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; direction for red-ink General Diary entry of the quashment; direction to the Registrar (Compliance) to communicate the order within 48 hours.

Issue for consideration

Whether the FIR dated 10.08.2025 (Case Crime No. 0159 of 2025) under Sections 191(2), 191(3), 115(2), 109(1), 352, 351 BNS and Section 3(2)(v) of the SC/ST Act, P.S. Shivrajpur, West Commissionerate, Kanpur Nagar, ought to be quashed in view of the compromise between the parties verified by the Chief Judicial Magistrate.

Court's answer

Looking to the stand of the parties, permitting the FIR to survive and be investigated despite the duly verified compromise would be an abuse of the process of criminal law and a waste of public time and money.

Ratio / Principle

The writ petition succeeds and is allowed.

Key takeaways

The impugned 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 (1) BNS and Section 3(2)(v) of SC/ST Act, Police Station Shivrajpur, West Commissionerate, Kanpur Nagar, is quashed.ratio¶16
The Chief Judicial Magistrate, Kanpur Nagar is directed to cause a red-ink entry in the General Diary of Police Station, Shivrajpur West Commissionerate, Kanpur Nagar that the proceedings of Case Crime No. 0159 of 2025 stand quashed under orders of the Court.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (J.J. Munir and Tarun Saxena, JJ.), by order dated May 6, 2026 in Criminal Misc. Writ Petition No. 4834 of 2026, allowed the petition and quashed FIR dated 10.08.2025 (Case Crime No. 0159 of 2025) under Sections 191(2), 191(3), 115(2), 109(1), 352, 351 BNS and Section 3(2)(v) of the SC/ST Act, P.S. Shivrajpur, West Commissionerate, Kanpur Nagar. The parties had compromised; the compromise, bearing the parties' photographs and memoranda of identification, was verified by the Chief Judicial Magistrate, Kanpur Dehat (report/order dated 05.05.2026); the first informant did not wish to pursue the FIR; injuries were simple with no fracture on X-ray; and the learned AGA stated the State had no objection. The Court held that allowing the FIR to survive and be investigated would be an abuse of the process of criminal law and a waste of public time and money. A red-ink General Diary entry at P.S. Shivrajpur and communication of the order within 48 hours were directed.

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 C. MANI/ Prashant

( Tarun Saxena,J.) (J.J. Munir,J.)

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