Allahabad High Court
Rishi Kalra And 2 Others vs State Of U.P. And 3 Others on 30 January, 2023
Bench: Vivek Kumar Birla, Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 11055 of 2022 Petitioner :- Rishi Kalra And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Avneesh Tripathi Counsel for Respondent :- G.A.,Ratnesh Kumar Shukla Hon'ble Vivek Kumar Birla,J.
Hon'ble Saurabh Srivastava,J.
Heard Sri Avneesh Tripathi, learned counsel for the petitioners, Sri Ratnesh Kumar Shukla, learned counsel for the informant and the learned A.G.A. appearing for the State -respondents.
The present case has been listed in the additional cause list under the heading of "matters in which mediation succeeded in settlement between the parties".
This writ petition has been filed praying to quash the impugned First Information Report dated 20.04.2022 registered as Case Crime No. 271 of 2022, under Sections 323, 376, 498-A, 504, 506, 511 IPC, P.S. Bisrak, District Gautam Budh Nagar.
Vide order dated 29.08.2022 the matter was referred to the Mediation Centre.
Perused the settlement agreement dated 06.12.2022 which indicates that matter has been peacefully settled between the parties and they have settled their differences on the terms mentioned in paragraph 7 of the settlement agreement dated 06.12.2022. The paragraph 7 is quoted as under:-
"7. In view of the Interim Settlement dated 01.11.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties entered into an interim settlement dated 01.11.2022 and decided to live together as husband and wife forgetting all previous disputes and differences. In continuation of the aforesaid interim settlement, the parties appeared and stated that they are satisfied with this reunion and further they want to continue it for the rest of their lives.
b) That the parties undertake not to commit any kind of cruelty against each other in any manner whatsoever.
c) That it has been agreed between the parties that they will behave properly living in peaceful and cordial atmosphere.
d) That the husband undertakes to take care of his wife and daughter and fulfill all essential requirements and amenities to them in future.
e) That wife wants the child but the husband does not cooperate.
f) That it has also been agreed between the parties all the cases filed by them against each other or their family members regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
g) That the parties will not file any fresh cases against each other in respect of this matrimonial dispute. They have no claim against each other in future also.
h) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement, otherwise the aggrieved party will be free to take legal recourse."
It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 20.04.2022 registered as Case Crime No. 271 of 2022, under Sections 323, 376, 498-A, 504, 506, 511 IPC, P.S. Bisrak, District Gautam Budh Nagar, is liable to be quashed.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the settlement agreement dated 14.12.2021, the First Information Report dated 13.08.2022 registered as Case Crime No. 249 of 2022, under Sections 498-A, 323, 504, 506, 354-A IPC and Section 3/4 D.P. Act, P.S. Achhalda, District Auraiya is hereby quashed.
The present petition is, accordingly, allowed.
Order Date :- 30.1.2023 Vivek Kr.