Allahabad High Court
Ankit Sharma And 4 Others vs State Of U P And 2 Others on 22 February, 2021
Bench: Pritinker Diwaker, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 13659 of 2020 Petitioner :- Ankit Sharma And 4 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Manoj Kumar Dubey Counsel for Respondent :- G.A.,Yogesh Kumar Mishra Hon'ble Pritinker Diwaker,J.
Hon'ble Samit Gopal,J.
Heard Sri Manoj Kumar Dubey, learned counsel for the petitioners, Sri Yogesh Kumar Mishra, learned counsel for the first informant, Sri J.K. Upadhyay, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioners, namely, Ankit Sharma (Husband), Rishipal Sharma (Father-in-law), Anita Sharma (Mother-in-law), Manish Sharma (Jeth) and Kamna Sharma (Jethani) with the following prayer:-
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 6.9.2020 lodged in case crime no.712 of 2020, u/s 498-A, 323, 313, 506, 376, 307 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Modi Nagar, district Ghaziabad.
ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to arrest the petitioners in pursuance of the first information report dated 6.9.2020 lodged in case crime no.712 of 2020, u/s 498-A, 323, 313, 506, 376, 307 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Modi Nagar, district Ghaziabad by the respondent no.3.
iii. and no coercive steps be taken against the petitioners by the concerned police."
Learned counsel for the petitioners has argued that the dispute between the petitioners and the opposite party no.3 is matrimonial in nature. It is argued that before the Mediation and Conciliation Centre, Ghaziabad the petitioner no.1 Ankit Sharma and the respondent no.3 Smt. Shivani appeared and the mediation proceedings stood successful and a settlement dated 30.9.2020 was drawn between them, copy of which is annexed as annexure no.3 to the writ petition. It is further argued that arising out of the dispute between the petitioner no.1 and respondent no.3, a case under Section 125 Cr.P.C. was filed before the Principle Judge, Family Court, Ghaziabad wherein vide order dated 24.9.2020 the matter was referred to the said Mediation and Conciliation Centre, Ghaziabad in which even the issue of the present case being the first information report lodged by the respondent no.3 as Case Crime No.712 of 2020 was also one of the issues therein which also stood settled between them and it was decided that respondent no.3 does not want any further proceedings to be taken up in the said case subject to the petitioner no.1 complying with the terms and conditions as decided between them and in the event of failure to do so, the said settlement will stand negated and in-operational and the respondent no.3 will move an application before the concerned police officials and will be free to take up the issue before the concerned court. It is argued that since the settlement has been entered between the petitioner no.1 and respondent no.3 which was sent for verification vide order dated 26.11.2020 passed by this Court to the Chief Judicial Magistrate, Ghaziabad and the said verification has been done by the concerned court and an order dated 19.1.2021 has been passed to the said effect after the appearance of the petitioners and the respondent no.3 before the C.J.M., Ghaziabad wherein the factum of the settlement has been verified by them and as such the first information report and the further proceedings arising thereof be quashed.
Learned counsel for the first informant also admitted the factum of settlement between the petitioner no.1 and respondent no.3 before the Mediation Centre and the verification of the same after the appearance of the petitioners and the respondent no.3 before the C.J.M concerned under orders of this Court and stated that he has no objection to the quashing of the First Information Report.
Learned AGA to the contrary argued that the present first information report has been lodged is under Section 498-A, 323, 313, 506, 376, 307 I.P.C. and Section 3/4 of Dowry Prohibition Act amongst which only Section 323 I.P.C. is a compoundable offences as per Section 320 of the Code of Criminal Procedure, 1973. It is argued that other Sections are non-compoundable and as such the factum of compromise though which was initially entered between the petitioner no.1 and respondent no.3 but was verified by the petitioners being present before the C.J.M. concerned cannot be acted upon for quashing of the first information report.
After hearing learned counsel for the parties and perusing the record, it is apparent that the present first information report do discloses the commission of a cognizable offence. Although the dispute emanates out of the marital relationship between the petitioner no.1 and respondent no.3 but there are allegations which do make out a cognizable offence. The respondent no.3 had received injuries for which she was medically examined and the doctor had found as many as ten injuries on her body being an incised wound, seven contusions, one linear abrasion and one abrasion. Even there are allegations that there had been a demand of dowry from the respondent no.3 being a Scorpio vehicle and Rs.10 lakhs. There is a further allegation regarding forcible administration of a medicine when the respondent no.3 was pregnant as a result of which she aborted the said pregnancy as the live fetus had died. As per the settled principles of law, an offence which is not compoundable under Section 320 of Code of Criminal Procedure, 1973, cannot be compounded.
The present first information report thus cannot be quashed even on the basis of a compromise entered between the petitioner no.1 and respondent no.3 which was subsequently though verified by the petitioners and the respondent no.3 before the C.J.M. Ghaziabad.
The present writ petition thus fails and is hereby dismissed.
Since there had been an interim order of stay of coercive action against the petitioners in pursuance of the impugned first information report, the petitioners are granted liberty to approach the appropriate forum as advised.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.2.2021 Gaurav