Allahabad High Court
Kshitij Rastogi And 6 Others vs State Of U P And 2 Others on 30 January, 2023
Bench: Vivek Kumar Birla, Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 7963 of 2022
Petitioner :- Kshitij Rastogi And 6 Others
Respondent :- State Of U P And 2 Others
Counsel for Petitioner :- Vinod Singh
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Saurabh Srivastava,J.
Case called out. No one appears on behalf of the petitioners.
Learned A.G.A. is present on behalf the State -respondents.
The present case has been listed in the additional cause list under the heading of "matters in which mediation succeeded in settlement between the parties".
This writ petition has been filed praying to quash the impugned First Information Report dated 08.06.2022 registered as Case Crime No. 257 of 2022, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Mawana, District Meerut.
Vide order dated 08.07.2022 the matter was referred to the Mediation Centre.
Perused the settlement agreement dated 09.12.2022 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 09.12.2022. The paragraph 7 is quoted as under:-
"7. In view of the Interim Settlement dated 11.11.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have settled their dispute and decide to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Bulandshahar and the same is registered as Case No. 1836 of 2022. 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. 10,00,000/- (Rupees Ten Lakhs only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That on 11.11.2022, the petitioner-husband has produced a demand draft bearing no. 710958 dated 02.11.2022 drawn on Union Bank of India for Rs. 5,00,000/- (Rupees Five Lakhs only) in favour of PRIYANSHI KAUSHIK DO VIPIN KAUSHIK (wife) and the same has been handed over today i.e. 09.12.2022 to the 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. Rs. 5,00,000/- (Rupees Five Lakhs only) shall be paid by Shri Kshitij Rastogi (Petitioner No. 1-Husband) to Smt. Priyanshi Kaushik (Respondent No. 3-Wife) at the time of final judgment in Case No. 1836 of 2022 pending in Family Court, Bulandshahar by way of demand draft.
e) That the O.P. No. 2 shall move withdrawal application in Case No. 55 of 2022 (Priyanshi Vs. Kshitiz) filed u/s 12, 18, 19, 20, 22, 23 of D.V. Act before J.M., Mawana, Meerut on which the court concerned has passed an order dated 08.12.2022 which is annexed herewith for kind perusal of the Hon'ble Court.
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 cases 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."
It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 08.06.2022 registered as Case Crime No. 257 of 2022, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Mawana, District Meerut, 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 14.12.2021, the First Information Report dated 13.08.2022 registered as Case Crime No. 249 of 2022, under Sections 498-A, 323, 504, 506, 354-A IPC and Section 3/4 D.P. Act, P.S. Achhalda, District Auraiya is hereby quashed.
The present petition is, accordingly, allowed.
Order Date :- 30.1.2023
Vivek Kr.
