Allahabad High Court
Rohit Thakurail And 2 Others vs State Of Up And 4 Others on 6 February, 2025
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:17536-DB
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 13767 of 2024
Petitioner :- Rohit Thakurail And 2 Others
Respondent :- State Of Up And 4 Others
Counsel for Petitioner :- Udai Chandani
Counsel for Respondent :- G.A.,Poonam Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
Order on the Amendment Application
1. Learned counsel for the informant has no objection to the amendment application, therefore, application is accordingly allowed.
2. Necessary amendment may be carried out during the course of the day.
Order on Petition
1. Heard Sri Udai Chandani, learned counsel for the petitioners, Sri Anil 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 15-08-2024 registered as Case Crime No. 0795 of 2024, under Sections 498-A, 354, 323, 313, 120-B, 376 IPC, P.S. Highway, District Mathura.
3. Vide order dated 21-08-2024 the matter was referred to the mediation centre.
4. Perused the office report dated 16-12-2024 and the settlement agreement dated 07-12-2024 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 07-12-2024. The paragraph 7 is quoted as under:-
"7. view of the Interim Settlement Agreement dated 16.11.2024, the following settlement has been arrived at between the Parties hereto:-
a) That both the parties have agreed to live separately and mutua dissolve their relationship as husband and wife and in this regard th a petition u/s 13-B of the Hindu Marriage Act before Principal J Court, at Kanpur Nagar and the same is registered as Case No. (Rohit Thakurail and Shaiphali Mishra) in which the next 22.05.2025. The parties undertake that they will produce the cert the aforesaid divorce petition alongwith order-sheet before the E Court at the time of hearing.
b) That on 16.11.2024, it had been agreed between the parties that no. 1-husband shall pay an amount of Rs.30,00,000/- (Rs. Thirty the Respondent No. 5-wife towards permanent alimony including all her other financial claims. After receiving this entire agree permanent alimony, the respondent no. 5-wife shall not be entitle the property of husband or her in-laws and she also agrees that claim any further financial assistance from the husband. The afor shall be paid by way of demand drafts in favour of wife.
c) That on 16.11.2024, the petitioner no. 1-husband had produced drafts bearing No.024243 & 024245 both dated 14.11.2024 both dr of Baroda for Rs.5,00,000/- (Rs. Five Lakh only) & Rs. 10,00,0 Lakh) both D.D. issued in favour of Shaiphali Mishra (wife) which record and both demand drafts have been handed over today i.e. the respondent no. 5-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.15,00,000/- (Rupees Fifteen Lakh only) shall be paid by the petitioner no.1- husband to the respondent no. 5-wife at the time of second motion/ final judgment in Case No. 3099 of 2024 pending in the Court of Principal Judge, Family Court, at Kanpur Nagar, by way of demand draft.
e) That the mother of petitioner no. 1 moved withdrawal application in the case no. 35746 of 2024 filed u/s 12 DV Act, before the court of Additional Civil Judge, (J.D.)/Judicial Magistrate, Court No. -08, Mathura upon which an order dated 27.11.2024 has been passed by the Additional Civil Judge, (J.D.)/Judicial Magistrate, Court No. -08, Mathura allowing the said withdrawal application. The certified copy of the same shall be produced by the parties before the Hon'ble High Court at the time of hearing.
f) That it has also been agreed between the parties that apart from the above mentioned cases, all civil and criminal cases (if any) 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 case against each other in respect of this matrimonial dispute.
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.
I) That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement."
5. It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 15-08-2024 registered as Case Crime No. 0795 of 2024, under Sections 498-A, 354, 323, 313, 120-B, 376 IPC, P.S. Highway, District Mathura 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 11.4.2023, the impugned First Information Report dated 13.4.2023 registered as Case Crime No. 288 of 2023, under Sections 498A, 323, 354, 506 IPC, Section 3/4 of D.P. Act, P.S. Baradari, District Bareilly is hereby quashed.
7. The present petition is, accordingly, allowed.
Order Date :- 6.2.2025
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