Smt. Jyoti Verma ... vs State Of U.P. Thru Secy. Home & Ors.
2021 Latest Caselaw 875 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- MISC. BENCH No. - 26124 of 2020
 
Petitioner :- Smt. Jyoti Verma (Informant/Wife)
 
Respondent :- State Of U.P. Thru Secy. Home & Ors.
 
Counsel for Petitioner :- Gaurav Verma
 
Counsel for Respondent :- G.A.,Chandra Shekhar Sinha
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Mrs. Saroj Yadav,J.

Heard learned counsel for petitioner as well as learned AGA for opposite parties no. 1 & 2 and Mr. Chandra Shekhar Sinha, learned counsel for opposite parties no. 3 to 6.

The writ petition has been filed by the complainant under Article 226 of the Constitution of India seeking quashing of the First Information Report dated 7.8.2019 registered at case Crime No. 914/2019, under Sections 498-A, 323, 504, 506 IPC read with 3/4 Dowry Prohibition Act, P.S. Gomti Nagar, District Lucknow.

The prayer made in the writ petition appears to be based on a compromise said to have been entered between the parties i.e., petitioner/informant and opposite parties no. 3 to 6 which is annexed at page no. 22 to 24 of the writ petition.

The Court vide order dated 5.1.2021 has provided that the parties shall appear before the Senior Registrar of this Court on 8.1.2021 and he shall verify the compromise and furnish the report to the Court by the next date of listing. The case was directed to be listed today i.e., 13.1.2021.

The report of the Senior Registrar dated 8.1.2021 is on record.

The compromise between the parties, as noted above, has been verified by the Senior Registrar.

As per the terms of compromise, both the parties will withdraw the cases filed by them against each other. The petitioner would be entitle to get total amount of Rs. 9,50,000/- out of which Rs. 7,00,000/- has been paid to her as noted in paragraph 10 of the writ petition. Remaining amount would be paid at the time of decision in the case filed under Section 13B Hindu Marriage Act.

Learned counsel for petitioner submits that the Apex Court in the case of B.S. Joshi & Others vs. State of Haryana and Another; (2003) 4 SCC 675 and several subsequent judgments has held that the FIR registered in pursuance of matrimonial dispute between the parties can be quashed on the basis of compromise between the said parties.

Learned AGA as well as counsel for opposite parties no. 3 to 6 do not dispute the aforesaid legal position.

In view of above, the writ petition is allowed. The impugned FIR No. 914/2019, under Sections 498-A, 323, 504, 506 IPC read with 3/4 Dowry Prohibition Act, P.S. Gomti Nagar, District Lucknow is hereby quashed.

Order Date :- 13.1.2021/-Santosh]