Allahabad High Court
Dev Dutt Bhasker And 2 Others vs State Of U.P. And 3 Others on 21 October, 2024
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:166824-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 5042 of 2024 Petitioner :- Dev Dutt Bhasker And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atul Kumar,Brijesh Kumar,Harish Kumar Yadav,Pramod Kumar Yadav Counsel for Respondent :- G.A.,Javed Hassan,Puran Nath Shukla,Sarita Dwivedi Hon'ble Rajiv Gupta,J.
Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the petitioners, learned AGA for the State and perused the record, however, no one has appeared on behalf of respondent no.4 even in the revised call.
2. The instant writ petition has been filed by the petitioners with the prayer to quash the impugned first information report dated 06.03.2024 giving rise to Case Crime No. 74 of 2024, under Sections 498-A, 323, 504, 506, 313 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Shivpur, District Commissionerate Varanasi.
3. Learned counsel for the petitioners has submitted that opposite party no.4 is the wife of petitioner no.1 and other petitioners are his family members and on account of matrimonial discord, the instant criminal proceedings has been initiated against the petitioners by the opposite party no.4 by lodging the impugned first information report.
4. Learned counsel for the petitioners has next submitted that the impugned first information report was challenged by the petitioners by filing the instant writ petition. The said writ petition was heard by the Bench comprising of Hon'ble Mr. Justice Ashwani Kumar Mishra and Hon'ble Mr. Justice Mohd. Azhar Husain Idrisi, who after hearing the parties passed order dated 03.04.2024 referring the matter to the Mediation and Conciliation Centre of this Court in order to enable the parties to explore the possibility of settling the dispute through mediation.
5. Pursuant to the said order dated 03.04.2024, petitioner no.1 Dev Dutt Bhasker (husband) and opposite party no.4 Suneeta Kumari (wife) appeared before the Mediation and Conciliation Centre of this Court in order to explore the possibility of settling the dispute through mediation and with the help of the Mediators, the dispute between the parties was amicably settled and a settlement agreement dated 23.07.2024 was drawn between the parties, a copy of which has been forwarded to this Court and placed on record, which shall form part of this writ petition.
6. Learned counsel for petitioners has next submitted that pursuant to the said settlement agreement, petitioner no.1 has agreed to pay a sum of Rs.12,00,000/- to respondent no.4 towards permanent alimony including streedhan of the wife in full and final settlement, out of the said sum of Rs.12,00,000/-, a sum of Rs.8,00,000/- has already been paid by petitioner no.1 to respondent no.4 through two separate demand drafts of Rs.4,00,000/- each. The balance of the agreed amount of Rs.4,00,000/- has been agreed to be paid at the time of final disposal of Case No.1214 of 2024 pending in Family Court, Varanasi by way of demand draft.
7. Learned counsel for the petitioners has made a statement at the Bar, on instructions, that at the time of final conclusion of Case No.1214 of 2024, pending in Family Court, Varanasi, petitioner no.1 shall pay the balance sum of Rs.4,00,000/- to respondent no. 4 by way of demand draft in full and final settlement.
8. Learned counsel for the petitioners has next submitted that said settlement agreement has been drawn between the parties voluntarily out of their own free will and without any coercion or undue influence and now, they do not have any grievance against each other.
9. Learned counsel for the petitioners has next submitted that in view of the said settlement agreement and in order to maintain harmonious and cordial relations between the parties, the impugned first information report against the petitioners be quashed.
10. Learned AGA for the State could not dispute the aforesaid facts and has submitted that he has no objection, if the entire proceedings are quashed.
11. This Court is not unmindful of the judgements of the Hon'ble Apex Court in the cases of :-
(i). B.S. Joshi and others Vs. State of Haryana and another, (2003) 4 SCC 675.
(ii). Nikhil Merchant Vs. Central Bureau of Investigation, (2008) 9 SCC 677.
(iii). Manoj Sharma Vs. State and others, (2008) 16 SCC 1.
(iv). Gian Singh Vs. State of Punjab, (2012) 10 SCC 303.
(v). Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466.
(vi) Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat, (2017) 9 SCC 641.
(vii) State of M.P. Vs. Laxmi Narayanan, (2019) 5 SCC 688.
(viii) K. Bharti Devi and Another Vs. State of Telangana and Another, 2024 SCC OnLine SC 2695.
12. Wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by Hon'ble Apex Court in the aforesaid cases has been explained in detail.
13. Considering the facts and circumstances of the case, as noted herein-above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.
14. Accordingly, the entire proceedings of impugned first information report dated 06.03.2024 giving rise to Case Crime No. 74 of 2024, under Sections 498-A, 323, 504, 506, 313 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Shivpur, District Commissionerate Varanasi, are quashed.
15. The instant writ petition stands allowed.
Order Date :- 21.10.2024 Subham