Allahabad High Court
Sanjeev Kumar And 5 Others vs State Of Uttar Pradesh And 2 Others on 28 February, 2023
Bench: Vivek Kumar Birla, Kshitij Shailendra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 11497 of 2021
Petitioner :- Sanjeev Kumar And 5 Others
Respondent :- State Of Uttar Pradesh And 2 Others
Counsel for Petitioner :- Parvesh Kumar Pandey,Sanjeev Kumar Srivastava
Counsel for Respondent :- G.A.,Sanjeev Kumar Trivedi,Somendra Singh
Hon'ble Vivek Kumar Birla,J.
Hon'ble Kshitij Shailendra,J.
Heard Sri Pravesh Kumar Pandey, learned counsel for the petitioners and the learned A.G.A. appearing for the State -respondents.
This writ petition has been filed with the prayer to quash the impugned First Information Report dated 11.09.2021 registered as Case Crime No. 489 of 2021, under Sections 323, 498-A IPC and Section 3/4 D.P. Act, P.S. Kotwali Chhibramau, District Kannauj.
Vide order dated 01.12.2021 the matter was referred to the Mediation Centre. This court vide order dated 15.02.2023, observed that the parties have entered into settlement therefore, the matter was sent back to the Medication Centre for submitting a fresh report, pursuant to which Medication Centre has submitted it report dated 14.09.2022.
Perused the settlement agreement dated 14.09.2022 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 14.09.2022. The paragraph 7 is quoted as under:-
"7. In view of the interim Settlement dated 17.08.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Kannauj which is registered as Case No. 422/2022. The certified copy of aforesaid divorce petition is being annexed to this settlement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the husband shall pay an amount of Rs. 3,50,000/- (Rupees Three Lakh Fifty Thousand Only) as permanent alimony including Stridhan to the wife and maintenance and after receiving this amount, she shall not entitled to claim any further maintenance of any nature whatsoever from the husband and his family member in any manner whatsoever under any circumstances nor she shall stake any claim in the property of petitioner or his family members under any circumstances or under any law.
c) That on 17.08.2022, the Petitioner No.1-husband has produced a demand draft bearing no. 001169 dated 10.08.2022 drawn on ICICI Bank for Rs. 2,00,000/- (Rs. Two Lakhs Only) issued in the name of wife (Anjali), the same has been handed over to the wife today i.e. 14.09.2022, and she has acknowledged the receipt of the same.
d) That That it has been agreed between the parties that the remaining amount i.e. Rs. 1,50,000/- (Rs. One Lakhs Fifty Thousand Only) shall be paid to Smt. Anjali (Respondent No.3-wife) by Sri Sanjeev Kumar (Petitioner No.1-husband) at the time of final judgment/decree before the Family Court, Kannauj, by way of demand draft of a nationalized bank.
e) That it has been agreed between the parties that the 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 further agreed that they shall not file any fresh case/complaint against each other regarding present matrimonial dispute in any manner whatsoever.
g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement, otherwise the aggrieved party will be free to take legal recourse."
It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 11.09.2021 registered as Case Crime No. 489 of 2021, under Sections 323, 498-A IPC and Section 3/4 D.P. Act, P.S. Kotwali Chhibramau, District Kannauj, is liable to be quashed.
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 14.09.2022, the First Information Report dated 11.09.2021 registered as Case Crime No. 489 of 2021, under Sections 323, 498-A IPC and Section 3/4 D.P. Act, P.S. Kotwali Chhibramau, District Kannauj is hereby quashed.
The present petition is, accordingly, allowed.
Order Date :- 28.2.2023
Vijay
