Shivanshu Chakarvarti and 5 Others v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 12045 of 2023 Petitioner :- Shivanshu Chakarvarti And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Pandey Counsel for Respondent :- G.A.,Sandeep Kumar Pandey Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Sunil Kumar Pandey, learned counsel for the petitioners, Sri Sandeep Kumar Pandey, learned counsel appearing for the informant and Sri G.P. Singh, learned A.G.A. appearing for the State respondents.

¶2This writ petition has been filed praying to quash 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.

¶3Vide order dated 17.8.2023 the matter was referred to the mediation centre.

¶4Perused the office report dated 13.10.2023 and the settlement agreement dated 12.9.2023 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 11.4.2023. The paragraph 7 is quoted as under:- "7. The following settlement has been arrived at between the parties hereto:- a) That the parties are living together as husband and wife in perfect harmony forgetting all previous disputes and differences and they undertake to discharge all matrimonial obligations towards each other in respectful manner and undertake not to commit any kind of cruelty against each other in future. b) That the parties appeared before the Centre and stated to the mediator that they are satisfied with this reunion and further they want to continue it for the rest of their lives. c) That the husband and wife undertake that they shall not take any such action which hurt either of the party mentally or physically and shall try to satisfy each other by their activities. d) That it has been agreed between the parties that they will behave properly living in peaceful and cordial atmosphere. e) That the husband undertakes to take care of his wife and fulfill all essential requirements and amenities to them in future. f) That it has also been agreed between the parties that all civil and criminal cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.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 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."

¶5It is submitted that as between the parties compromise had already taken place therefore, 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 liable to be quashed.

¶6Thus, 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.

¶7The present petition is, accordingly, allowed. Order Date :- 16.10.2023 Lalit Shukla High Court of Judicature at Allahabad