Maharaja and 6 Others v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17415 of 2023 Petitioner :- Maharaja And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mayank Yadav,Vivek Kumar Singh Counsel for Respondent :- G.A.,Ghanshyam Yadav Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Vivek Kumar Singh, learned counsel for the petitioners, Sri Surendra Singh, learned A.G.A. appearing for the State respondents and Sri Ghanshyam Yadav, learned counsel appearing for the respondent no. 4.

¶2This writ petition has been filed praying to quash the impugned First Information Report dated 25.8.2023 registered as Case Crime No. 194 of 2023, under Sections 498A, 147, 323, 504, 313 IPC and Section 3/4 D.P. Act, P.S. Pallavpuram, District Meerut.

¶3By drawing attention to annexure 2 to the petition, it is submitted that a compromise had already taken place between the parties in respect of the present criminal prosecution in Case Crime No. 194 of 2023. A certified coy of the Divorce Petition No. 2474 of 2023 (Maharaja Chauhan vs. Smt. Manisha) filed under Section 13-B of Hindu Marriage Act for mutual divorce, wherein in paragraph 5 it has been categorically mentioned that a compromise has taken place between the parties, has also been annexed. Attention was also drawn to pages 44 and 45 of the paper book to contend that the informant Smt. Manisha (respondent no. 4) had also filed her application in the divorce petition that such compromise had taken place.

¶4Both the parties agree that such compromise had taken place and the informant shall be entitled to receive Rs. 15,00,000/- deposited before the Principal Judge, Family court on conclusion of the divorce petition.

¶5Both the parties have requested that in view of such compromise, the impugned First Information Report dated

25.8.2023 registered as Case Crime No. 194 of 2023, under Sections 498A, 147, 323, 504, 313 IPC and Section 3/4 D.P. Act, P.S. Pallavpuram, District Meerut, 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), the First Information Report dated 25.8.2023 registered as Case Crime No. 194 of 2023, under Sections 498A, 147, 323, 504, 313 IPC and Section 3/4 D.P. Act, P.S. Pallavpuram, District Meerut is hereby quashed.

¶7The present petition is, accordingly, allowed. Order Date :- 28.11.2023 Abhishek High Court of Judicature at Allahabad