Dharmendra Gupta and 3 Others v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14068 of 2023 Petitioner :- Dharmendra Gupta And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankit Kapoor Counsel for Respondent :- G.A.,Prashant Pandey Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Ankit Kapoor, learned counsel for the petitioners, learned A.G.A. appearing for the State respondents and Sri Prashant Pandey, learned counsel appearing for the informant.

¶2This writ petition has been filed praying to quash the impugned First Information Report dated 9.7.2023, registered as Case Crime No. 113 of 2023, under Sections 323, 504, 506, 386 IPC, P.S. Rajatalab, District Varanasi.

¶3Vide order dated 21.9.2023 the matter was referred to the mediation centre.

¶4Perused the ofÏce report dated 17.10.2023 and the settlement agreement dated 3.10.2023 which indicates that matter has been peacefully settled between the parties and they have settled their differences on the terms mentioned in paragraph 6 of the settlement agreement dated 3.10.2023. The paragraph 6 is quoted as under:- "6. The following settlement has been arrived at between the parties hereto:- a) That both the parties have already settled their dispute and in this regard they have produced a 'Sulahnama' dated 08.08.2023 before the Centre. The parties stated that all the terms and conditions mentioned in the aforesaid Sulahnama have been fulfilled. The parties further reiterate and reaffirm all the the terms and conditions of the aforesaid Sulahnama and the same shall be a part of this settlement also. The photocopy of the aforesaid Sulahnama is being annexed herewith for kind perusal of this Hon'ble Court. The parties also states that the aforesaid 'Sulahnama' dated 08.08.2023 has already been submitted before this Hon'ble Court. b) That it has also been agreed between the parties that all the cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/Authority concerned. c) 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. d) 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 9.7.2023, registered as Case Crime No. 113 of 2023, under Sections 323, 504, 506, 386 IPC, P.S. Rajatalab, District Varanasi 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 3.10.2023, the First Information Report dated 9.7.2023, registered as Case Crime No. 113 of 2023, under Sections 323, 504, 506, 386 IPC, P.S. Rajatalab, District Varanasi is hereby quashed.

¶7The present petition is, accordingly, allowed. Order Date :- 18.10.2023 Abhishek High Court of Judicature at Allahabad