Allahabad High Court
Nitin Chhabra vs State Of U.P. And 2 Others on 28 January, 2023
Bench: Vivek Kumar Birla, Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 1071 of 2023 Petitioner :- Nitin Chhabra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Prabodh Dubey Counsel for Respondent :- G.A.,Ashok Kumar Giri Hon'ble Vivek Kumar Birla,J.
Hon'ble Saurabh Srivastava,J.
Supplementary affidavit filed today placing the certified copy of the judgement and decree dated 7.10.2022 passed in Petition under Section 13-B(2) of the Hindu Marriage Act for dissolution of marriage passed by Principal Judge, Family Court, Shahdara, Karardooma Courts, Delhi is taken on record.
Heard Shri Arvind Prabodh Dubey, learned counsel for the petitioner, Shri Naushad Alam holding brief of Shri Ashok Kumar Giri, learned counsel for the informant and the learned A.G.A for the State respondents.
This writ petition has been filed praying to quash the impugned First Information Report dated 09.09.2020 registered as Case Crime No. 459 of 2020, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. George Town, District Prayagraj.
At the very outset by placing the judgment dated 7.10.2022 passed by Principal Judge, Family Court, Shahdara, as noted above by placing paragraph-8 of the judgment it is submitted that the divorce petition was allowed on compromise and both the parties have agreed that they will file a petition for quashing the F.I.R impugned herein. Paragraph-8 of the aforesaid judgment is quoted as under:-
"Para-8 The petitioners have agreed that they will file a petition for quashing of FIR No. 459/2020 under Sections 498-A/323/504/506/34 IPC and 3 & 4 of Dowry Prohibition Act registered at police station George Town, U.P before the Hon'ble High Court of Prayagraj, U.P. and they both will cooperate with each other. On a court query, the parties have stated that they are aware that quashing of FIR is within the discretion of Hon'ble High Court".
Para-7 further reflects that a compromise has taken place. Shri Naushad Alam, holding brief of Shri Ashok Kumar Giri, learned counsel appearing for the informant admits the aforesaid fact.
It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 09.09.2020 registered as Case Crime No. 459 of 2020, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. George Town, 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 under Section 13-B(1) of Hindu Marriage Act, the First Information Report dated 09.09.2020 registered as Case Crime No. 459 of 2020, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. George Town, District Prayagraj is hereby quashed.
The present petition is, accordingly, allowed.
Order Date :- 28.1.2023 Rakesh