Allahabad High Court
Vivek Aggarwal And Another vs State Of U.P. And 2 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. - 14514 of 2022 Petitioner :- Vivek Aggarwal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Singh,Amit Rai Counsel for Respondent :- G.A.,Avesh Pratap Singh Hon'ble Vivek Kumar Birla,J.
Hon'ble Saurabh Srivastava,J.
Heard Shri Sanjay Singh, learned counsel for the petitioners, learned A.G.A. appearing for the State respondents and Shri Avesh Pratap Singh, learned counsel appearing for the respondent no. 3.
This writ petition has been filed praying for quashing the impugned First Information Report dated 12.08.2022 registered as Case Crime No. 417 of 2022 under Sections 323, 504, 354-A, 498-A, 120-B & 307 I.P.C. Police Station-Nai Mandi, District-Muzaffar Nagar and not to arrest the petitioners pursuant to the said F.I.R..
Vide order dated 10.10.2022 the matter was referred to the Mediation Centre.
Perused the office report dated 09.01.2023 and 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. In view of the Interim Settlement Agreement dated 02.12.2022. The following settlement has been arrived at between the parties hereto:-
a) That the parties entered into an interim settlement dated 02.12.2022 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 fully 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 and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities.
e) That the husband undertakes to take care of his wife and fulfill all essential requirements and amenities to her in future.
f) That it has also been agreed between the parties that all 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.
g) That the parties will not file any fresh case 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 interim settlement agreement had already taken place therefore, the impugned First Information Report dated 12.08.2022 registered as Case Crime No. 417 of 2022 under Sections 323, 504, 354-A, 498-A, 120-B & 307 I.P.C. Police Station-Nai Mandi, District-Muzaffar 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 15.12.2022, the First Information Report dated 12.08.2022 registered as Case Crime No. 417 of 2022 under Sections 323, 504, 354-A, 498-A, 120-B & 307 I.P.C. Police Station-Nai Mandi, District-Muzaffar Nagar is hereby quashed.
The present petition is, accordingly, allowed.
Order Date :- 30.1.2023 SY