Sandeep Kumar Dubey and 4 Others v. State of UP Thru Secretary Ministry of Home Affairs and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 1776 of 2022 Petitioner :- Sandeep Kumar Dubey And 4 Others Respondent :- State Of Up Thru Secretary Ministry Of Home Affairs And 2 Others Counsel for Petitioner :- Shree Prakash Upadhyay Counsel for Respondent :- G.A.,Ramji Singh Patel Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Shree Prakash Upadhyay, learned counsel for the petitioners, Shri G.P. Singh, learned A.G.A. appearing for the State-respondents, and perused the record.

¶2This writ petition has been filed praying to quash the impugned First Information Report dated 24.4.2021, registered as Case Crime No.187 of 2021, under sections 498-A, 323, 377, 315 IPC and 3/4 of D.P. Act, Police Station Cholapur, District Varanasi.

¶3Vide order dated 2.3.2022 the matter was referred to the mediation centre. The time to deposit amount was extended vide order dated 11.4.2022.

¶4As per settlement agreement dated 29.3.2023 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 29.3.2023. The paragraph-7 is quoted as under:- "7. In view of the Interim Settlement Agreement dated 30.11.2022, the following settlement has been arrived at between the Parties hereto: a) That the parties entered into an interim settlement dated 30.11 2022 and decided to live together as husband and wife forgetting all previous disputes and differences. In continuation of the aforesaid interim settlement, the parties appeared and stated that they are fully satisfied with this reunion and further they want to continue it for the rest of their lives. b) That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities. c) That the parties undertake not to commit any kind of cruelty against each other in any manner whatsoever. 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 daughter and fulfill all essential requirements and amenities to them in future. f) That it has also been agreed between the parties that all the cases filed by them against each other and their family members 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 or their family members in respect of this matrimonial 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 24.4.2021, registered as Case Crime No.187 of 2021, under sections 498-A, 323, 377, 315 IPC and 3/4 of D.P. Act, Police Station Cholapur, 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

14.12.2021, the First Information Report dated 24.4.2021, registered as Case Crime No.187 of 2021, under sections 498-A, 323, 377, 315 IPC and 3/4 of D.P. Act, Police Station Cholapur, District Varanasi is hereby quashed.

¶7The present petition is, accordingly, allowed. Order Date :- 3.11.2023 Anil K. Sharma High Court of Judicature at Allahabad