Shyam Narayan Chaturvedi v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17055 of 2023 Petitioner :- Shyam Narayan Chaturvedi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Pandey Counsel for Respondent :- G.A.,Pandey Balkrishna,Rahul Kumar Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Dinesh Kumar Pandey, learned counsel for the petitioner, learned A.G.A. appearing for the State respondents and Sri Manish Mani Tripathi, holding brief of Sri Rahul Kumar, learned counsel appearing for the informant.

¶2This writ petition has been filed praying to quash the impugned First Information Report dated 28.7.2023, registered as Case Crime No. 0420 of 2023, under Sections 354 and 506 IPC, P.S. Sorawan, District Prayagraj.

¶3Vide order dated 29.11.2023 the matter was referred to the mediation centre.

¶4Perused the office report dated 13.12.2023 and the settlement agreement dated 8.12.2023, 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 8.12.2023. The paragraph 6 is quoted as under:-"6. The following settlement has been arrived at between the parties hereto:-

(a) That the dispute arose between the parties and an F.I.R. was lodged by the respondent no. 4-Shushma Devi against the petitioner-Shyam Narayan which was registered as Case Crime No. 420 of 2023, under Sections 354 and 506 IPC, P.S. Soraon, District Prayagraj dated 28.07.2023 and another F.I.R. was lodged by the petitioner-Shyam Narayan Chaturvedi against the respondent no. 4-Sushma Devi which was registered as Case Crime No. 0164 of 2023, under Sections 147, 323, 504, 506, 353, 332, 427, P.S. Soraon, District Prayagraj dated 01.04.2023. b) That both the parties have already settled their dispute and they do not want to litigate further in the present matter and in this regard they have produced their 'Notarized Affidavits' before the Centre. The parties stated that all the terms and conditions of the aforesaid 'Affidavits' and the same shall be a part of this settlement also. The aforesaid 'Affidavits' are being annexed collectively to this Settlement Agreement for kind perusal of this Hon'ble Court. c) 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the parties that all civil and criminal cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. d) That the parties will not file any fresh case against each other in respect of this present dispute. They have no claim against each other in future also."

¶5It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 28.7.2023, registered as Case Crime No. 0420 of 2023, under Sections 354 and 506 IPC, P.S. Sorawan, District Prayagraj 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 8.12.2023, the First Information Report dated 28.7.2023, registered as Case Crime No. 0420 of 2023, under Sections 354 and 506 IPC, P.S. Sorawan, District Prayagraj is hereby quashed.

¶7The present petition is, accordingly, allowed. Order Date :- 14.12.2023 Abhishek High Court of Judicature at Allahabad