Citation : 2012 Latest Caselaw 4966 ALL
Judgement Date : 9 October, 2012
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- CRIMINAL MISC. WRIT PETITION No. - 4870 of 2011 Petitioner :- Pukhraj Singh And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Mahipal Singh,Gaurav Pundir Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
Hon'ble Vijay Prakash Pathak,J.
Petitioners before this Court seek quashing of the first information report dated 01.03.2011, registered as Case Crime No. 96 of 2011, under Sections 498A, 323, 324, 504, 506, I.P.C. and 3/4 D.P. Act, Police Station-Nehtaur, District-Bijnor.
Under order of the Court dated 16.03.2011 the matter was referred for mediation, being matrimonial in nature. The report of the mediation centre dated 25.06.2011 is on record. It has been reported that the parties have settled there dispute amicably and it has been agreed by both the parties that all civil and criminal cases, which include the criminal case giving rise to the present petition, shall be withdrawn.The agreement has been reduced in writing, a copy of the same has been brought on record.
In view of the aforesaid as also 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 :- 9.10.2012
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