Disposed¶9

Vikash Avasthi and 6 Others v. State of U.P. and 2 Others

Allahabad HC8 Apr 2026CRLP/6303/2026

Case brief

AI extract

What is this about?

Quashing of FIR on ground of compromise/settlement of matrimonial dispute; victim impleaded as respondent no.4; interim protection from arrest; B.N.S., 2023 — Sections 85, 109, 352, 351(2), 3(5); Dowry Prohibition Act — Sections 3 & 4; Case Crime No. 0009 of 2026; Police Station Banda, District Shahjahanpur; short counter affidavit of respondent no.3; next date 20.04.2026; writ petition pending, no decision on merits; Allahabad High Court; Criminal Misc. Writ Petition No. 6303 of 2026.

What did the court decide?

Interim relief only: petitioners not to be arrested in pursuance of the impugned F.I.R. dated 02.01.2026 (Case Crime No. 0009 of 2026) till 20.04.2026; petition pending and listed fresh on 20.04.2026; no decision on the prayer for quashing. ¶9

Vikash Avasthi and 6 Others vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned F.I.R. dated 02.01.2026 (Case Crime No. 0009 of 2026) is liable to be quashed in view of the compromise arrived at between the parties, the victim having resumed living peacefully with petitioner no.1.

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Ratio / Principle

Interlocutory direction: the victim is permitted to be impleaded as respondent no.4 during the course of the day.

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Key takeaways

Interim protection: till the next date (20.04.2026), the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 02.01.2026 giving rise to Case Crime No. 0009 of 2026.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Rajiv Gupta, J. and Hon'ble Dr. Ajay Kumar-II, J.), Criminal Misc. Writ Petition No. 6303 of 2026 — Vikash Avasthi And 6 Others v. State Of U.P. And 2 Others (order dated April 8, 2026). Writ petition seeking quashing of the impugned F.I.R. dated 02.01.2026, Case Crime No. 0009 of 2026, under Sections 85, 109, 352, 351(2), 3(5) of B.N.S., 2023 and Sections 3 & 4 of Dowry Prohibition Act, Police Station Banda, District Shahjahanpur, lodged on account of matrimonial discord. Petitioners contend that with the intervention of members of both families and society the parties have resolved all disputes, and that the victim has restored her relationship with petitioner no.1 and is living peacefully with him. Court directions: (i) victim permitted to be impleaded as respondent no.4; (ii) short counter affidavit of respondent no.3 taken on record; (iii) two weeks' time granted to file affidavit on behalf of the victim; (iv) interim order that till 20.04.2026 the petitioners shall not be arrested in pursuance of the impugned F.I.R. Case to be put up as fresh on 20.04.2026. No final decision on the quashing prayer.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 6303 of 2026

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Vikash Avasthi And 6 Others

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.....Petitioner(s)

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Versus

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State Of U.P. And 2 Others

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.....Respondent(s)

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Counsel for Petitioner(s)	: Suresh Dhar Dwivedi
Counsel for Respondent(s)	: G.A., Pawankumar Dubey

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Court No. - 48

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HON'BLE RAJIV GUPTA, J. HON'BLE DR. AJAY KUMAR-II, J.

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Learned counsel for the petitioners is permitted to implead the victim as respondent no.4, during the course of the day.

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Learned counsel for the respondent no.3 has filed short counter affidavit today in Court, which is taken on record.

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Heard learned counsel for the petitioners, learned A.G.A. for the State, Shri Pawan Kumar Dubey, learned counsel for the respondent no.3 and perused the record.

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Learned counsel for the petitioners has submitted that on account of matrimonial discord, the impugned F.I.R. was lodged against the petitioners, however subsequently, with the intervention of respected members of both the family as well as society, the parties have resolved all their dispute and differences and now, they do not have any grievance against each other.

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Learned counsel for the petitioners has next submitted that as per the compromise made between the parties, the victim has restored her relationship with the petitioner no.1 and is now living peacefully with him.

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Learned counsel for the petitioners has next submitted that in view of the compromise made between the parties, the impugned F.I.R. is liable to be quashed.

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CRLP No. 6303 of 2026

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Learned counsel for the respondent no.3 has also appeared and has filed an affidavit, however, he prays for and is granted two weeks' time to file an affidavit on behalf of newly impleaded respondent no.4- victim.

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Put up this case as fresh on 20.04.2026.

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Till then, the petitioners shall not be arrested in pursuance of the impugned F.I.R. dated 02.01.2026 giving rise to Case Crime No. 0009 of 2026, under Sections 85, 109, 352, 351(2), 3(5) of B.N.S., 2023 and Sections 3 & 4 of Dowry Prohibition Act, Police Station Banda, District Shahjahanpur.

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April 8, 2026

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Nadim

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(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)

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Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad

Vikash Avasthi and 6 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Vikash Avasthi and 6 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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