Allahabad High Court
Ashish Pandey 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. - 14262 of 2022 Petitioner :- Ashish Pandey And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gagan Mehta,Ved Mani Tiwari 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".
This writ petition has been filed praying to quash the impugned First Information Report dated 08.09.2022 registered as Case Crime No. 561 of 2022, under Sections 498-A, 323, 504, 506 IPC, P.S. Nawabganj, District Prayagraj.
Vide order dated 11.10.2022 the matter was referred to the Mediation Centre.
Perused the settlement agreement dated 16.12.2022 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 16.12.2022. The paragraph 7 is quoted as under:-
"7. The following settlement has been arrived at between the Parties hereto:-
a) That the parties have decided to reunite and live together as husband and wife in perfect harmony forgetting all previous disputes and difference and they undertake to discharge all matrimonial obligations towards each other in respectful manner and undertake not to commit any kind of cruelty against each other in any manner whatsoever.
b) That after living together as husband and wife the parties appeared and stated to the mediators that they are satisfied with this reunion and further they want to continue it for the rest of their lives.
c) 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.
d) That the husband undertakes to take care of his wife and children provide all essential requirements and amenities to them in future.
e) That it has also been agreed between the parties all civil and criminal cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.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 in view of the present final settlement both the parties have further agreed that they will not file any fresh cases against each other in respect to their present matrimonial dispute in future and will adhere to the conditions of the present settlement.
g) 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 08.09.2022 registered as Case Crime No. 561 of 2022, under Sections 498-A, 323, 504, 506 IPC, P.S. Nawabganj, District Prayagraj, 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.