Allahabad High Court
Atik-Ur-Rehman & Ors. vs State Of U.P. Thru. Prin.Secy. ... on 7 July, 2021
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 13837 of 2021
Petitioner :- Atik-Ur-Rehman & Ors.
Respondent :- State Of U.P. Thru. Prin.Secy. Home Lko. & Ors.
Counsel for Petitioner :- Rishi Saxena,Aditya Singh,Asmer Tayyab,Himanshu Kumar Trivedi
Counsel for Respondent :- G.A.,Gaurav Saxena,Lalla Chauhan,Neeraj Kumar Saxena
Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
The Court has convened through Video Conferencing.
Heard Ms. Juhi Saxena, Advocate holding brief of Shri Rishi Saxena, learned counsel for the petitioners, Shri S.N. Tilahar, learned AGA for the State-respondent nos.1 to 3 and Shri Neeraj Kumar Saxena, learned counsel for the private respondent no.4 and perused the impugned F.I.R. as well as material brought on record.
By means of the present petition, the petitioners have prayed for quashing the First Information Report dated 17.04.2021 bearing Case Crime No. 0113 of 2021, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, 1961, registered at PS- Indira Nagar, District- Lucknow.
Learned counsel for the petitioners submitted that on account of matrimonial dispute between the petitioner no.1 and respondent no.4, who is his wife, a Settlement Agreement has been signed between the parties on 22.06.2021 and the said matrimonial dispute is said to have been amicably settled outside the Court, on the basis of the said Settlement Agreement. The original compromise ("Khula Naama") has been filed before the Investigating Officer concerned. The copy of the same has been annexed as Annexure No.3 to the writ petition.
Learned counsel for the private respondent, Shri Neeraj Kumar Saxena, could not dispute the aforesaid fact and states that he has no objection if the impugned FIR be quashed, subject to the condition that all the terms and conditions, which have been laid down in the compromise, have been complied with by the parties.
Learned counsel for the petitioners in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012)10 SCC 303 and has submitted that since the petitioner no.1 and respondent no. 4 have compromised the matrimonial dispute and divorce has been obtained, as such respondent no. 4 does not want to press the present case against the petitioners. The respondent no. 4 is ready to withdraw the prosecution of the petitioners and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
From the perusal of the record it is apparent that parties have entered into compromise and have settled their dispute amicably.
In this regard the view taken by the Apex court in the case of B.S. Joshi (supra) and Gian Singh versus State Of Punjab (supra), which has been relied upon by the learned counsel for the petitioners finds force that this Court in exercise of its inherent power Article 226 of the Constitution of India can quash the F.I.R. as the dispute being matrimonial in nature has been amicably settled between the husband and wife.
Hence, considering the facts and circumstances of the case, nature of offence and with the consent of learned counsel for the parties, the impugned F.I.R. is hereby quashed, subject to the condition that the parties shall abide by the terms and conditions of the compromise, which is annexed as Annexure No.3 to the writ petition.
The present petition stands allowed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Narendra Kumar Johari, J.)(Ramesh Sinha, J.)
Order Date :- 7.7.2021
Arnima
