Allahabad High Court
Rahul Sinha And 4 Others vs State Of U.P. And 3 Others on 25 August, 2023
Bench: Vivek Kumar Birla, Vinod Diwakar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:172333-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 12629 of 2022
Petitioner :- Rahul Sinha And 4 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Sandeep Mishra,Vishvendra Singh
Counsel for Respondent :- G.A.,Gaurav Gulati
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vinod Diwakar,J.
1. Heard Shri Sandeep Mishra, learned counsel for the petitioners as well as Shri G.P. Singh, learned A.G.A. appearing for the State respondents.
2. This writ petition has been filed praying to quash the impugned First Information Report dated 30.07.2022 registered as Case Crime No. 278 of 2022, under Sections 498-A, 323, 406, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, P.S. New Agra, District Agra.
3. Vide order dated 22.09.2022 the matter was referred to the mediation centre.
4. Perused the office report dated 22.03.2023 and the settlement agreement dated 08.02.2023 which indicates that the matter has been peacefully settled between the parties, and they have settled their differences on the terms mentioned in paragraph 7 of the settlement agreement dated 08.02.2023. The paragraph 7 is quoted as under:-
"7. In view of the Interim settlement Agreements dated 12.01.2023, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have filed a petition u/s 13-B of Hindu Marriage Act before the Family Court, Agra which is registered as Case No. 218 of 2023. The parties stated that all the terms and conditions of the settlement has also been mentioned in aforesaid divorce petition, which forms a part of the settlement. The certified copy of the aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the petitioner-husband shall pay one time settlement amount of Rs. 11,00,000/- (Rupees Eleven Lakhs only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That on 12.01.2023, the petitioner-husband has produced a demand draft bearing no. 501366 dated 07.01.2023 drawn on ICICI Bank for Rs. 3,50,000/-(Rupees Three Lakhs Fifty Thousand only) in favour of Khushboo Priya (wife) and the same has been handed over to the wife today i.e. 08.02.2023 and she has acknowledged the receipt of the same.
d) That today i.e. 08.02.2023 the petitioner-husband has handed over another demand draft bearing no. 012666 dated 04.02.2023 for Rs. 4,00,000/- (Rupees Four Lakhs only) drawn on Bank of Baroda in favour of Khushboo Priya (wife) and she has acknowledged the receipt of the same.
e) That it has been agreed between the parties that the remaining amount i.e. Rs. 3,50,000/- (Rupees Three Lakhs Fifty Thousand only) shall be paid by Sri Rahul Sinha (Petitioner No. 1-Husband) to Smt. Khushboo Priya (Respondent No. 4-Wife) at the time of final judgment in Case No. 218 of 2023 pending in Family Court, Agra by way of demand draft.
f) That it has also been agreed between the parties that all civil and criminal cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
g) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also.
h) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse."
5. It is submitted that as between the parties the compromise had already taken place therefore, the impugned First Information Report dated 30.07.2022 registered as Case Crime No. 278 of 2022, under Sections 498-A, 323, 406, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, P.S. New Agra, District Agra, is liable to be quashed.
6. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the settlement agreement dated 08.02.2023, the First Information Report dated 30.07.2022 registered as Case Crime No. 278 of 2022, under Sections 498-A, 323, 406, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, P.S. New Agra, District Agra is hereby quashed.
7. The present petition is, accordingly, allowed.
Order Date :- 25.8.2023
Shafique
