Allahabad High Court
Ambikesh Tripathi And 3 Others vs State Of U.P. And 2 Others on 12 September, 2024
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:149432-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 19085 of 2022 Petitioner :- Ambikesh Tripathi And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishesh Kumar Counsel for Respondent :- G.A.,Sudha Pandey With Case :- CRIMINAL MISC. WRIT PETITION No. - 1730 of 2023 Petitioner :- Ambikesh Tripathi And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vishesh Kumar Counsel for Respondent :- Sudha Pandey Hon'ble Vivek Kumar Birla,J.
Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary affidavits filed today, in both the above cases, are taken on record.
2. Heard Sri Vishesh Kumar, learned counsel for the petitioner, Sri Manish Kumar Kushwaha, Advocate holding brief of Sudha Pandey, learned counsel for the informant and Sri Yogendra Kumar Mishra, learned AGA for the State.
3. In Criminal Misc. Writ Petition No. 19085 of 2022 following prayer has been made.
"Issue writ, order or direction in the nature of certiorari quashing the first information report dated 24.10.2022 registered as Case Crime No.385 of 2022, under Sections 498A, 323, 504, 354(2) IPC, P.S.- Basgaon, District Gorakhpur."
4. In Criminal Misc. Writ Petition No.1730 of 2023 following prayer has been made.
"i. Issue writ, order or direction in the nature of certiorari quashing the first information report dated 24.10.2022 under added Sections 376 and 313 IPC registered at Case Crime No.385 of 2022, P.S.- Basgaon,District Gorakhpur."
ii. issue writ, order or direction in nature of certiorari quashing the notice dated 15.01.2023 under SEctions 4A Cr.P.C."
5. Vide order dated 05.09.2024, both the cases were sent for mediation centre.
6. Perused the office report and the settlement agreement dated 07.09.2024 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 07.09.2024. The paragraph 7 is quoted as under:-
"7. The following settlement has been arrived at between the Parties in Criminal Misc. Writ Petition No. 19085 of 2022 and Criminal Misc. Writ Petition No. 1730 of 2023 hereto:-
a) That the parties have decided to dissolve their marriage and go their separate ways and to this effect they have produced '???? ???? ?????? ?????' dated 07.09.2024. The parties reiterate and reaffirm, the terms and conditions of the aforesaid '???? ???? ?????? ?????' and the same shall be a part of this settlement also. The aforesaid '???? ???? ?????? ?????' in original is annexed with the Mediation Case No. 3203/2024 arising out of Criminal Misc. Writ Petition No. 1730 of 2023 for kind perusal of this Hon'ble Court.
b) That the parties have decided to move a petition u/s 13B of the Hindu Marriage Act within 15 days from today before Family Court, Gorakhpur, upon the conditions that the husband- Ambikesh Tripathi shall pay an amount of Rs.18,00,000/- (Rs. Eighteen Lakh only) towards permanent alimony including Stridhan to the wife- Smt. Archana Tripathi.
c) That today i.e. 07.09.2024, the husband- Ambikesh Tripathi has produced a demand draft bearing no.002967 dated 06.09.2024 for Rs.2,00,000/- (Rs. Two Lakh only) drawn on HDFC Bank issued in the name of Archana (wife) which has been handed over to the wife- Smt. Archana Tripathi and she has acknowledged the receipt of the same.
d) That it has been agreed between the parties that an amount of Rs.7,00,000/- (Rs. Seven Lakh only) shall be paid by the husband- Ambikesh Tripathi to the wife- Smt. Archana Tripathi before the Hon'ble High Court on the date fixed i.e. 12.09.2024.
e) That it has also been agreed between the parties that the remaining amount i.e. Rs.9,00,000/- (Rs. Nine Lakh only) shall be paid by the husband- Ambikesh Tripathi to the wife Smt. Archana Tripathi before the Family Court, Gorakhpur at the time of second motion/final judgment in the divorce petition u/s 13B of the Hindu Marriage Act.
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."
7. By drawing attention to contents of the supplementary affidavit filed today, it is pointed out that a draft of Rs.7 lakh has already been handed over to the informant pursuant to the settlement agreement dated 07.09.2024 which is admitted by learned counsel for the informant.
8. It is further submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report 24.10.2022 registered as Case Crime No.385 of 2022, under Sections 498A, 323, 504, 354(2) IPC, along with added Sections 376, 313 IPC, P.S.- Basgaon, District Gorakhpur is liable to be quashed.
9. 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 07.09.2024, the First Information Report dated 24.10.2022 registered as Case Crime No.385 of 2022, under Sections 498A, 323, 504, 354(2) IPC, added Sections 376, 313 IPC, P.S.- Basgaon, District Gorakhpur is hereby quashed.
10. Both the above petitions are, accordingly, allowed.
Order Date :- 12.9.2024 A.Kr.