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Harsh Malviya And 5 Others vs State Of U.P. And 3 Others on 5 May, 2020


?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 13469 of 2019

Petitioner :- Harsh Malviya And 5 Others

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Desh Ratan Chaudhary

Counsel for Respondent :- G.A.,Yogendra Arya

Hon’ble Ramesh Sinha,J.

Hon’ble Samit Gopal,J.

This writ petition has been filed by the petitioner(s) Harsh Malviya, Sri Ramesh Kumar Malviya, Smt. Mithlesh, Shruti Malviya, Richa Malviya and Ranjeet Malviya, with the prayer to quash the F.I.R. dated 3.5.2019 which has been registered as Case Crime No. 0069 of 2019, under Sections 498A, 323, 377, 313, 506, 406 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Bareilly with a further prayer to stay the arrest of the petitioner(s) therein during the pendency of investigation.

It appears from the order dated 17.5.2019 passed by this Court that the dispute between the petitioner no. 1(husband) and the respondent no. 4(wife) parties being matrimonial in nature, was referred to the Mediation Centre and as per the report of Mediation Centre dated 24.8.2019, mediation between the parties has succeeded and the parties have entered into settlement agreement before Mediation Conciliation Centre of this Court on 24.8.2019. The original settlement agreement is on the record of this Case.

Since the matrimonial dispute between the parties from which the impugned FIR has emanated has been amicably settled before the Mediation Centre of this Court and the parties have entered into a compromise on 24.8.2019 under which they have agreed to withdraw all the criminal cases filed by them against each other, no useful purpose would be served in proceeding any further in this matter. The impugned FIR is quashed and the writ petition is allowed subject to the condition that the petitioners comply with the terms and conditions of the settlement agreement arrived between parties before the mediation centre.

There shall however be no order as to costs.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 5.5.2020


(Samit Gopal, J.) (Ramesh Sinha, J.)



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