Allahabad High Court
Sadashiv Shukla And 3 Others vs State Of U.P. And 3 Others on 19 December, 2023
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:240406-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 687 of 2023
Petitioner :- Sadashiv Shukla And 3 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Santosh Kumar Mishra,Km. Khushi
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vinod Diwakar,J.
1. Heard Sri Amit Kumar, Advocate, holding brief of Ms. Khushi Jaiswal, learned counsel for the petitioners, 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 18.12.2022 registered as Case Crime No. 95 of 2022, under Sections 498-A, 323, 506, 342, 377, 427, 406 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Prayagraj.
3. Vide order dated 17.1.2023, the matter was referred to the mediation centre.
4. Perused the settlement agreement dated 26.2.2023 which indicates that 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 26.2.2023. The paragraph 7 is quoted as under:-
"7. The following settlement has been arrived at between the Parties hereto:-
a) That the parties have already settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Allahabad and the same is registered as Case No. 328 of 2023. The parties stated that all the terms and conditions mentioned therein have been fulfilled. They further reiterated and reaffirm the terms and conditions of the aforesaid settlement and the same shall be a part of the settlement also. 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. 2,00,000/- (Rupees Two Lakhs only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That today i.e. 26.02.2023 the petitioner-husband has handed over a demand draft bearing no. 056717 dated 17.02.2023 for Rs. 1,00,000/- (Rupees One Lakh only) drawn on Central Bank of India in favour of Jyoti Shukla (wife) and she has acknowledged the receipt of the same.
d) That it has been agreed between the parties that the remaining amount i.e. Rs. 1,00,000/- (Rupees One Lakh only) shall be paid by Sadashiv Shukla (Petitioner No. 1-Husband) to Smt. Jyoti Dwivedi (Respondent No. 4-Wife) at the time of final judgment in Case No. 328 of 2023 pending in the Court of Principal Judge, Family Court, Allahabad by way of demand draft.
e) 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.
f) 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.
g) 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 compromise had already taken place therefore, the impugned First Information Report dated 18.12.2022 registered as Case Crime No. 95 of 2022, under Sections 498-A, 323, 506, 342, 377, 427, 406 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Prayagraj is liable to be quashed.
6. By drawing attention to the order dated 29.8.2023 annexed as Annexure-3 to the supplementary affidavit, it was pointed out that pursuant to the settlement agreement, petition under Section 13-B of the Hindu Marriage Act, 1955 has also been allowed.
7. 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 26.2.2023, the First Information Report dated 18.12.2022 registered as Case Crime No. 95 of 2022, under Sections 498-A, 323, 506, 342, 377, 427, 406 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Prayagraj is hereby quashed.
8. The present petition is, accordingly, allowed.
Order Date :- 19.12.2023
CS/-
(Vinod Diwakar, J.) (V.K. Birla, J. )
