Allahabad High Court
Shantanu And 2 Others vs State Of U.P. And 2 Others on 13 November, 2024
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:178635-DB
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 10877 of 2024
Petitioner :- Shantanu And 2 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Km Preete
Counsel for Respondent :- Ashish Kumar Srivastava,G.A.,Satyam Singh,Swapnesh Singh
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard Km. Preete, learned counsel for the petitioners, Sri Ashish Kumar Srivastava, learned counsel appearing for the informant and Sri G.P. Singh, learned A.G.A.-1 appearing for the State respondents.
2. This writ petition has been filed praying to quash the impugned First Information Report dated 01-03-2024 registered as Case Crime No. 124 of 2024, under Sections 498A, 354, 504,506 323, 427, 328, 406 IPC, Section 3/4 of D.P. Act, P.S. Sadar Bazar, District Agra Commissionerate Agra).
3. Vide order dated 08-07-2024 the matter was referred to the mediation centre.
4. Perused the office report dated 01-08-2024 and the settlement agreement dated 15-10-2024 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 15-10-2024. The paragraph 7 is quoted as under:-
"7. The following settlement has been arrived at between the parties hereto:-
a) That both the parties have agreed to live separately and mutually settled to dissolve their marriage by filing a petition u/s 13-B of the Hindu Marriage Act before Family Court, Agra on 21.10.2024 and produce the certified copy of the aforesaid divorce petition before the Centre on the next date fixed i.e. 25.10.2024.
b) That it has been consented and agreed between the parties that the petitioner no. 1- husband shall pay an amount of Rs.10,00,000/- (Rupees Ten Lakh only) to the wife towards permanent alimony including Stridhan and all her other financial claims. The said amount shall be paid by way of Demand Drafts.
c) That today i.e.15.10.2024, the petitioner no. 1-husband has produced a demand draft bearing No.571805 dated 03.10.2024 for Rs.4,00,000/- (Rupees Four Lakh only) drawn on State Bank of India in favour of Khushboo Tomar (wife) which is being kept in the file concerned with the consent of the parties and the same shall be handed over to the wife at the time of final settlement-agreement.
d) That it has been agreed between the parties that the remaining amount i.e. Rs.6,00,000/- (Rupees Six Lakh only) will be paid by the petitioner no. 1-husband to the wife by way of Demand Draft at the time of final judgment/second motion in the divorce petition before the Family Court, Agra.
e) That it has also been agreed between the parties that all the cases filed by them against each other shall be kept in abeyance during this intervening period.
f) That it has been agreed between the parties that they shall appear again before the Centre on 25.10.2024."
5. It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 01-03-2024 registered as Case Crime No. 124 of 2024, under Sections 498A, 354, 504,506 323, 427, 328, 406 IPC, Section 3/4 of D.P. Act, P.S. Sadar Bazar, District Agra Commissionerate 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 15-10-2024, the impugned First Information Report dated 01-03-2024 registered as Case Crime No. 124 of 2024, under Sections 498A, 354, 504,506 323, 427, 328, 406 IPC, Section 3/4 of D.P. Act, P.S. Sadar Bazar, District Agra Commissionerate Agra) is hereby quashed.
7. The present petition is, accordingly, allowed.
Order Date :- 13.11.2024
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