Allahabad High Court
Yogesh Pandey And 6 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. - 8059 of 2021 Petitioner :- Yogesh Pandey And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Giri Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J.
Hon'ble Saurabh Srivastava,J.
Case called out. No one appears on behalf of the petitioners.
Learned A.G.A. is present on behalf 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", therefore we proceed to consider the present case for final disposal.
This writ petition has been filed praying to quash the impugned First Information Report dated 21.07.2021 registered as Case Crime No. 0122 of 2021, under Sections 147, 323, 504, 506, 342, 498-A IPC and 3/4 D.P. Act, P.S. Baburi, District Chandauli.
Vide order dated 24.09.2021, the matter was referred to the Mediation Centre.
Perused the settlement agreement dated 15.12.2022 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 15.12.2022. The paragraph 7 is quoted as under:-
"7. The following settlement has been arrived at between the Parties hereto:-
a) The parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Chandauli, which is registered as Case No. 525/2022, in which next date is fixed as 03.07.2023. The certified copy of aforesaid divorce petition and order-sheet are being annexed to this settlement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the husband shall pay a permanent alimony including Stridhan of Rs. 11,00,000/- (Rupees Eleven Lakhs Only) as permanent alimony including Stridhan to the wife, maintenance etc. After receiving this amount, she shall not entitled to claim any further maintenance of any nature whatsoever from the Petitioner no. 1 or his family member in any manner whatsoever under any circumstances nor she shall stake any claim in the property of petitioner or his family members under any circumstances or under any law.
c) That today i.e. 15.12.2022, Shri Yogesh Pandey (Petitioner No. 1-husband) has produced a demand draft bearing no. 812836 dated 13.12.2022 drawn on Indian Bank for Rs. 5,50,000- (Rupees Five Lakh Fifty Thousand only) issued in favour of Akanksha Tripathi (wife), which is being handed over to the wife today and she has acknowledged the receipt of the same.
d) That it has been agreed between the parties that the remaining amount ie. Rs. 5,50,000/- (Rupees Five Lakh Fifty Thousand only) shall be paid to Smt. Akanksha Tripathi (Respondent No. 4-wife) by Shri Yogesh Pandey (Petitioner No. 1-husband) at the time of final judgment/ decree before the Family Court, Chandauli, by way of demand draft of a nationalized bank.
e) That it has been agreed between the parties that the cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
f) That the parties further agreed that they shall not file any fresh case/ complaint against each other regarding present matrimonial dispute in any manner whatsoever.
g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement agreement, 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 21.07.2021 registered as Case Crime No. 0122 of 2021, under Sections 147, 323, 504, 506, 342, 498-A IPC and 3/4 D.P. Act, P.S. Baburi, District Chandauli, 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.