Allahabad High Court
Shaif Ulla Beg And 4 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. - 8763 of 2022 Petitioner :- Shaif Ulla Beg And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nand Kishor Mishra,Shilpa Ahuja Counsel for Respondent :- G.A.,Fakhruzzaman,Ran Jeet Singh 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 06.06.2022 registered as Case Crime No. 219 of 2022, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Kotwali, District Jhansi.
Vide order dated 12.07.2022 the matter was referred to the Mediation Centre.
Perused the settlement agreement dated 20.12.2022 which indicates that matter has been peacefully settled between the parties and they have settled their differences on the terms mentioned in paragraph 6 of the settlement agreement dated 20.12.2022. The paragraph 6 is quoted as under:-
"6. The following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Late Shahwaj Beg @ Javed and Smt. Tarannum @ Rubi (O.P. No. 2) was solemnized on 17.09.2016. Out of the aforesaid wedlock parties have a daughter namely Maria, 05 years of age. Due to strained relationship the parties were living separately since the month of August 2020.
b) That amid of the litigation husband Sri Shahwaj Beg @ Javed died on 13.01.2022, copy of his death certificate is enclosed herewith.
c) That now after the death of the husband, Sri Shaif Ulla Beg, Father-in-Law (Applicant No.1) and Smt. Tarannum @ Rubi, widow of Late Shahwaj Beg @ Javed (O.P. No. 2) have decided to resolved their family dispute on the condition of a permanent alimony of Rs. 6.25 Lakhs (Rs, six lakhs twenty five thousand only), which consists amount of Mehar, maintenance of widow, daughter and and Iddat Period which shall be given by the Sri Shalf Ulla Beg, Father-in-Law (Applicant No.1) to the widow.
d) That today Sri Shaif Ulla Beg. Father-in-Law (Applicant No.1) has produced Demand demand drafts of Rs 6.25 Lakhs (Rupees six lakhs twenty five thousand only) bearing No. 0050004 dated 21.11.2022 for Rs. 02 Lakhs and bearing No. 005021 dated 13.12.2022 for Rs. 4.25 Lakhs both the drafts are issued by Axis Bank drawn in favour of widow which have been handed over to her today and she has acknowledged the receipt of the same. As such complete alimony has been paid to the wife.
e) That due to ignorance parties have not produced certified copies of withdrawal application of cases find against each other, parties and their respective counsels assured that they shall withdraw the cases filed by their respective party and produce the certified copy of the cases to the Hon'ble Court before it fixes next date. Cases are as under:-
(i) Case No. 671/20 u/s 125 Cr.PC pending in the Court of Distt Court Jhansi.
(ii) Case No. 163/2022 domestic violence Act pending in the Court of JD FTC, Distt Court Jhansi.
f) That hereafter parties have no further claim against each other of any nature with regard to the present case and will not litigate in future against each other with regard to the present case.
g) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement."
It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated06.06.2022 registered as Case Crime No. 219 of 2022, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Kotwali, District Jhansi, 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.