Allahabad High Court
Akash Kumar Gupta And Ors. vs State Of U.P. Thru. Prin. Secy. ... on 19 October, 2022
Bench: Ramesh Sinha, Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22517 of 2021
Petitioner :- Akash Kumar Gupta And Ors.
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko.And Ors.
Counsel for Petitioner :- Vijai Kumar,Alok Kumar Singh,Deo Raj Singh
Counsel for Respondent :- G.A.,Mukesh Dhar Dwivedi
Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Renu Agarwal,J.
Supplementary affidavit has filed on behalf of the petitioners in Court today, which is taken on record.
Heard Deo Raj Singh, learned counsel for the petitioners and Ms. Roohi Siddiqui, learned A.G.A. for the State-respondent nos.1 to 3 and perused the impugned F.I.R. as well as material brought on record.
Shri Mukesh Dhar Dwivedi, learned counsel for the private respondent is not present.
By means of the present petition, the petitioners have prayed for quashing the First Information Report dated 10.08.2021 bearing FIR/Case Crime No.0094 of 2021, under Sections 498-A, 323, 504, 506 IPC, Sections 3/4 Dowry Prohibition Act, 1961, Police Station Saidullnagar, District Balrampur.
On 10.10.2022, this Court passed the following order:-
"Sri Deo Raj Singh, learned counsel for the petitioners and Sri Azhar Ikram, learned Brief Holder for the State are present whereas learned counsel for the private respondent is not present.
Sri Azhar Ikram, learned Brief Holder states that in the present case, though, the matter was referred to the Mediation and Conciliation Centre of this Court, the mediation between the parties are being successful, as it is apparent from the settlement agreement dated 21.09.2022 but so far as petitioner nos.1, 2 and 3 are concerned, charge-sheet was submitted in the Court against them in the present case on 25.10.2021 and so far as petitioner nos.4, 5, 6 and 7 are concerned, final report was submitted with respect to the same on 03.08.2022.
Learned counsel for the petitioners is not in a position to inform this Court whether the charge-sheet was submitted against petitioner nos.1, 2 and 3 and the Court has taken cognizance of the offence against them or not.
Let the matter be listed again in the next cause list peremptorily in order to enable learned counsel for the petitioners to verify the said fact.
Interim order, if any, shall continue till the next date of listing."
On the matter being taken up today, learned counsel for the petitioners submitted that the charge-sheet has been submitted against petitioner nos.1 to 3 in court on 30.09.2021 and against petitioner nos.4 to 7 final report has been submitted and the learned court below has taken cognizance on the charge-sheet and passed the summoning order against the petitioner nos.1 to 3 on 24.11.2021. He further submitted that on account of matrimonial dispute between the parties, a Settlement Agreement has been signed between them on 21.09.2022 and the said matrimonial dispute is said to have been amicably settled outside the Court, on the basis of the said Settlement Agreement. The compromise has been filed before the Investigating Officer concerned. The copy of the same has been annexed as Annexure No.-D to the writ petition.
Learned A.G.A. admitted the aforesaid fact and also the compromise which has been annexed in the writ petition and further 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 SCC 1, 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 parties have compromised the matrimonial dispute, as such private 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 (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. as well as all the consequential proceedings against the petitioners 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.-D to the writ petition.
The present petition stands allowed.
Ms. Roohi Siddiqui, learned A.G.A. for the State shall inform about this order in writing to the Investigating Officer concerned.
(Mrs. Renu Agarwal,J.) (Ramesh Sinha,J.)
Order Date :- 19.10.2022
Zafar
