Allahabad High Court
Vikas Rao 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. - 7089 of 2022 Petitioner :- Vikas Rao And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Pandey Counsel for Respondent :- G.A.,Shitlesh Pandey Hon'ble Vivek Kumar Birla,J.
Hon'ble Saurabh Srivastava,J.
Heard learned counsel for the petitioners, Sri Shitlesh Pandey, learned counsel for the informant and the learned A.G.A. appearing for 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", therefore we proceed to consider the present case for final disposal.
This writ petition has been filed praying to quash the impugned First Information Report dated 23.5.2022 registered as Case Crime No. 599 of 2022, under Sections 498-A, 323, 354, 506 IPC, P.S. Vijay Nagar, District Ghaziabad.
Vide order dated 09.06.2022 the matter was referred to the Mediation Centre.
Perused the settlement agreement dated 07.12.2022 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 07.12.2022. The paragraph 7 is quoted as under:-
"7. In view of the Interim Settlement dated 01.11.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have been living together as husband and wife since 10.11.2022 and in this regard they have produced a notary affidavit dated 07.12.2022 which is annexed herewith for kind perusal of the Hon'ble Court.
b) That the parties undertake not to commit any kind of cruelty against each other in any manner whatsoever.
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 it has been agreed between the parties that they will behave properly living in peaceful and cordial atmosphere.
e) That the husband undertakes to take care of his wife and fulfill all essential requirements and amenities to her in future also.
f) That it has also been agreed between the parties that 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.
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 23.5.2022 registered as Case Crime No. 599 of 2022, under Sections 498-A, 323, 354, 506 IPC, P.S. Vijay Nagar, District Ghaziabad, 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.