Allahabad High Court
Gaurav Rai & Ors. vs State Of U.P. Thru Addl. Chief ... on 14 July, 2021
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 9906 of 2021
Petitioner :- Gaurav Rai & Ors.
Respondent :- State Of U.P. Thru Addl. Chief Secretary, Home, Lko. & Ors.
Counsel for Petitioner :- Birendra Narain Shukla
Counsel for Respondent :- G.A.,Omendra Pratap Singh
Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Sri B.N. Shukla, learned counsel for the petitioners, Sri Omendra Pratap Singh, learned counsel for respondent no. 4, Sri S.P. Singh, learend AGA for the State-respondent and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners- Gaurav Rai, Smt. Poonam Rai, Saurabh Rai, Rakesh Kumar Bhatt and Smt. Jyoti to issue a writ, order or direction in the nature of certiorari for quashing the First Information Report dated 29.09.2020 registered as FIR No. 0176 of 2020, under Sections 323, 506 IPC registered at PS- P.G.I., District- Lucknow and with a further prayer to stay the arrest of the petitioners.
As per version of FIR, the allegation against the petitioners is that on 27.9.2020, Aunt and uncle (Bua and Foofa), namely, Smt. Jyoti, respondent no. 5 and Sri Rakesh, respondent no. 5 and mother of petitioner no.1 (husband), namely, Smt. Poonam Rai, respondent no. 2 came to the house of complainant. As the complainant was living at her parental home with her mother, all the three persons threatened the complainant saying that she should give divorce to her husband, otherwise they will destroy her family. Inspite of that, complainant remained silent but when complainant had gone to her husband's house for taking essential goods, her husband, Gaurav Rai, his brother Saurabh Rai and his mother Smt. Poonam Rai had beaten her and they broken their household items themselves and also made a video of that incident. She requested to lodge the F.I.R. and take action as she feared that they would again come and beat her. Hence, the petitioners approached this Court by means of present writ petition.
Learned counsel for the petitioners submitted that petitioner no. 1, Gaurav Rai is the husband of respondent no. 4, Swati Dhawan Rai and a matrimonial dispute was going on between the parties before the competent court which has been amicably settled outside the court and a settlement deed has also been signed between the parties on 17.03.2021. Therefore, the parties have agreed to withdraw their cases lodged against each other. The copy of the settlement deed has been annexed as Annexure No.2 to the writ petition. Learned counsel states that as on date, petitioner no. 1 and respondent no. 4 are living together.
Learned counsel for the private respondent, Shri Omendra Pratap Singh, 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 amicably settled their matrimonial dispute outside the court, 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 against 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 a compromise and have settled their dispute amicably outside the Court.
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 entered into between the parties, which is annexed as Annexure No.2 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 :- 14.7.2021
AKK
