Pradeep Srivastava And Others vs State Of U.P. And Others
2012 Latest Caselaw 4714 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 21725 of 2010
 

 
Petitioner :- Pradeep Srivastava And Others
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Sanjay Singh,Amrendra Nath Rai
 
Respondent Counsel :- Govt. Advocate,P.S. Yadav,Rajesh Kumar
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vijay Prakash Pathak,J.

Petitioners before this Court seek quashing of the first information report dated  11.11.2010, registered as Case Crime No. 1519 of 2010, under Sections  498A, 323, 506, I.P.C. and 3/4 D.P. Act, Police Station-Kotwali, District-Azamgarh.

Under order of the Court dated 30th November, 2010 the matter was referred for mediation, being matrimonial in nature.

Counsel for the pt Sri Amrendra Nath Rai submits that mediation has been successful and the parties have settled their differences through mediation.

Counsel for the respondent submits that some time may be granted to verify the said fact.

In the facts and circumstances noticed above, we are of the considered opinion that in view of the statement of the counsel for the petitioners that mediation has been successful and the parties have arrived at a settlement, no useful purpose would be served by keeping the writ petition pending. However, right is reserved in favour of respondent no. 3 to make a recall application, if the statement made by the counsel for the petitioner is found to be false. 

In view of the judgment of Hon'ble Supreme Court in the case of B.S. Joshi and others Vs. State of Haryana and others, reported in 2003(46) ACC 779, the FIR is to be quashed in terms of the agreement arrived at between the parties.

Accordingly, the impugned first information report is hereby quashed. The writ petition is allowed.

Order Date :- 3.10.2012

Pkb/