Allahabad High Court
Vijay Krishna Rao And 6 Others vs State Of U.P. And 2 Others on 27 September, 2023
Bench: Vivek Kumar Birla, Vinod Diwakar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:188307-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 13900 of 2022
Petitioner :- Vijay Krishna Rao And 6 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Saroj Kumar Dubey,Anil Singh,Dharmaveer Singh
Counsel for Respondent :- G.A.,Vijay Kumar Rai
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vinod Diwakar,J.
1. Learned counsel for the petitioners states that he has informed learned counsel for the informant that the case will be taken up out of turn, copy of information slip is taken on record.
2. Heard Shri Dharmaveer Singh, learned counsel for the petitioners, Shri G.P. Singh, learned A.G.A. appearing for the State respondents.
3. This writ petition has been filed praying to quash the impugned First Information Report dated 17.08.2022 registered as Case Crime No. 388 of 2022, under Sections 498A, 354, 323, 377, 506 IPC and Section 3/4 of Dowry Prohibition Act, P.S. Kotwali, District Azamgarh.
4. Vide order dated 13.10.2022 the matter was referred to the mediation centre.
5. Perused the mediation report dated 11.04.2023 and the settlement agreement dated 11.04.2023 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 11.04.2023. The paragraph 7 is quoted as under:-
"In view of the Interim Settlement Agreements dated 14.03.2023, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have already settled their dispute and decided to five 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, Azamgarh and the same is registered as Case No. 356 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. 65,00,000/- (Rupees Sixty Five Lakhs only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That on 14.03.2023, the petitioner-husband has produced a demand draft bearing no. 851039 dated 09.03.2023 for Rs. 15,00,000/- (Rupees Fifteen Lakhs only) drawn on State bank of India in favour of Shweta (wife) which was kept in the file and the same has been handed over to the wife today i.e. 11.04.2023 and she has acknowledged the receipt of the same.
d) That today i.e. 11.04.2023 the petitioner-husband has handed over another demand draft to the wife through demand draft bearing no. 851200 dated 03.04.2023 for Rs. 15,00,000/- (Rupees Fifteen Lakhs only) drawn on State Bank of India in favour of Shweta (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. 35,00,000/- (Rupees Thirty Five Lakhs only) shall be paid by Vijay Krishna Rao (Petitioner No. 1-Husband) and Smt. Shweta (Respondent No. 3-Wife) at the time of final judgment in Case No. 356 of 2023 pending in the Court of Principal Judge, Family Court, Azamgarh by way of demand draft.
1) That a Case No. 313 of 2022 filed u/s 12 of D.V. Act before the Judicial Magistrate (F.T.C.). Azamgarh has been withdrawal by the Respondent No. 3-Smt. Shweta, a copy whereof is annexed herewith for kind perusal of the Hon'ble Court.
g) That a Case No. 836 of 2022 filed u/s 125 of Cr.P.C. before the Principal Judge, Family Court, Azamgarh has been withdrawal by the Respondent No. 3-Smt. Shweta, a copy whereof is annexed herewith for kind perusal of the Hon'ble Court.
h) 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.
i) 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.
j) 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."
6. It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated17.08.2022 registered as Case Crime No. 388 of 2022, under Sections 498A, 354, 323, 377, 506 IPC and Section 3/4 of Dowry Prohibition Act, P.S. Kotwali, District Azamgarh is liable to be quashed.
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 11.04.2023, the First Information Report dated 17.08.2022 registered as Case Crime No. 388 of 2022, under Sections 498A, 354, 323, 377, 506 IPC and Section 3/4 of Dowry Prohibition Act, P.S. Kotwali, District Azamgarh is hereby quashed.
8. The present petition is, accordingly, allowed.
Order Date :- 27.9.2023
Ujjawal
