Allahabad High Court
Kamal And Another vs State Of U.P. And 3 Others on 12 July, 2023
Bench: Vivek Kumar Birla, Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:138880-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17495 of 2022 Petitioner :- Kamal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Dwivedi,Bhagwan Dutt Pandey,Sudhakar Yadav Counsel for Respondent :- G.A.,Bindeshwari Prasad Mishra,Saurabh Raj Srivastava Hon'ble Vivek Kumar Birla,J.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Sudhakar Yadav, learned counsel for the petitioners, Sri Saurabh Raj Srivastava, learned counsel for Informant and Sri Ratan Singh, learned A.G.A. appearing for the State respondents.
This writ petition has been filed praying to quash the impugned First Information Report dated 13.10.2022 registered as Case Crime No. 552 of 2022, under Sections 420, 467, 468, 471, 448 and 406 IPC, Police Station Vrindavan, District Mathura.
Vide order dated 5.12.2021, the matter was referred to the mediation centre.
Perused the office report dated 3.6.2023 and the settlement agreement dated 3.6.2023 which indicates that matter has been peacefully settled between the parties and they have settled their differences on the terms mentioned in paragraph 5 of the settlement agreement dated 3.6.2023. The paragraph 5 is quoted as under:-
"5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediators/Conciliators and other well wishers of the parties. In this regard, a notary affidavit has been jointly prepared and signed by the parties. The original affidavit has already been before this Hon'ble Court in the Criminal Misc. Writ Petition No. 17495 of 022. The copy of the aforesaid notorial affidavit is also produced by the parties and is annexed herewith for kind perusal of this Hon'ble Court.
a) The terms and conditions of the aforesaid compromise may be seen in the affidavit. Both the parties shall abide the same, as such there remains no dispute between the parties regarding the present matter.
(b) That it has also been agreed between the parties that in view of the above, all civil and criminal cases filed by them against each other regarding present civil and criminal cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the court / authority concerned.
c) 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."
It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 13.10.2022 registered as Case Crime No. 552 of 2022, under Sections 420, 467, 468, 471, 448 and 406 IPC, Police Station Vrindavan, District Mathura, 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 03.06.2023, the First Information Report dated 13.10.2022 registered as Case Crime No. 552 of 2022, under Sections 420, 467, 468, 471, 448 and 406 IPC, Police Station Vrindavan, District Mathura, is hereby quashed.
The present petition is, accordingly, allowed.
Order Date :- 12.7.2023 Akram