Nazir Hussain and 2 Others v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15042 of 2023 Petitioner :- Nazir Hussain And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bina Singh,Krishna Kumar Singh Counsel for Respondent :- G.A.,Saiyad Iqbal Ahmed Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Awanish Kumar Singh, holding brief of Sri Krishna Kumar Singh, learned counsel for the petitioners 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 28.8.2023 registered as Case Crime No. 427 of 2023, under Sections 420, 406, 323, 504, 506 IPC, P.S. Katghar, District Moradabad.

¶3Vide order dated 12.10.2023 the matter was referred to the mediation centre.

¶4Perused the office report dated 28.10.2023 and the settlement agreement dated 5.11.2023 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 5.11.2023. The paragraph 6 is quoted as under:- "6. The following settlement has been arrived at between the parties hereto:- a) That the parties stated that they have already settled their dispute and entered into an agreement dated 23.09.2023, which is annexed as SCA-1 to the Short Counter Affidavit filed in Criminal Misc. Writ Petition No. 15042 of 2023 by the respondent no. 3. b) That the parties further reiterate and reaffirm that terms and conditions mentioned in aforesaid agreement dated 23.09.2023, as such there remains no dispute between the parties now. c) That in view of the above, it the Hon'ble Court pleases to allow Criminal Misc. Writ Petition No. 15042 of 2023, the Respondent No. 3 shall have no objection in any manner whatsoever. d) 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the parties that all civil and criminal cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. e) That the parties will not file any fresh case against each other in respect o this dispute. They have no claim against each other in future also. f) That is 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 28.8.2023 registered as Case Crime No. 427 of 2023, under Sections 420, 406, 323, 504, 506 IPC, P.S. Katghar, District Moradabad 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 5.11.2023, the First Information Report dated 28.8.2023 registered as Case Crime No. 427 of 2023, under Sections 420, 406, 323, 504, 506 IPC, P.S. Katghar, District Moradabad is hereby quashed.

¶7The present petition is, accordingly, allowed. Order Date :- 8.11.2023 Abhishek High Court of Judicature at Allahabad High Court of Judicature at Allahabad