HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 1
Case :- CRIMINAL MISC. WRIT PETITION No. – 17689 of 2018
Petitioner :- Kamal Singh Verma And 6 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ram Vishal Mishra,Bala Nath Mishra,Sachin Mishra
Counsel for Respondent :- G.A.
Hon’ble Ramesh Sinha,J.
Hon’ble Ajit Kumar,J.
Heard Sri Sachin Mishra, learned counsel for the petitioner, Sri Amrit Raj Chaurasia learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner with a prayer to quash the impugned FIR dated 30.10.2017, case crime no. 0524 of 2017, under Sections 498A, Section323, Section506 IPC and Section 3/4 D.P.Act, P.S. Cantt, District Allahabad.
This matter was referred to Mediation Conciliation Centre of this Court by order dated 6.7.2018.
From the perusal of the report of the Mediation Conciliation Centre of this Court dated 31.10.2018, it transpires that the mediation between the parties has succeeded and the parties have entered into settlement agreement before Mediation Conciliation Centre of this Court on 29.10.2018. The original settlement agreement is on the record of this Case.
Learned counsel for the petitioner submitted that since the matrimonial dispute between the parties from which the impugned FIR emanates has been amicably settled before the mediation centre of this Court and the parties have entered into a settlement agreement on 29.10.2019 and according to clause 6(f) of the settlement agreement, the parties have agreed to withdraw all the criminal cases filed by them against each other, the impugned is liable to be quashed.
Learned counsel appearing for the respondent does not dispute the submissions made by the learned counsel for the petitioner.
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 29.10.2018 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 against the petitioners in this matter. The impugned FIR is quashed and the writ petition is allowed subject to fulfilment of the claim mentioned in the aforesaid agreement/settlement.
There shall however be no order as to costs.
(Ajit Kumar, J.) (Ramesh Sinha, J.)
Order Date :- 20.11.2019