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Niteesh Kumar Agrawal And 5 Others vs State Of U.P. And 2 Others on 10 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 17161 of 2019

Petitioner :- Niteesh Kumar Agrawal And 5 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Shiva Tripathi

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Samit Gopal,J.

The Bench has been constituted in pursuance of the order dated 04.04.2020 passed by Hon’ble The Chief Justice which is available on the official website of this Court.

This writ petition has been filed by the petitioners Niteesh Kumar Agrawal, Suresh Chandra, Smt. Rajeshwari, Pooja, Rani and Sanjay, with the prayer to quash the F.I.R. dated 19.05.2019 which has been registered as Case Crime No. 83 of 2019, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, P.S.- Mahila Thana, District- Ghaziabad with a further prayer to stay the arrest of the petitioners therein during the pendency of investigation.

This matter was referred to Mediation Conciliation Centre of this Court by order dated 21.6.2019. From the perusal of the report of the Mediation Conciliation Centre of this Court dated 11.11.2019, 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 11.11.2019. 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 11.11.2019 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 against the petitioners 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 within three weeks’ from today by the fastest mode of service before the SP/SSP concerned, who shall look into the matter and ensure compliance of the same.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner(s).

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 :- 10.4.2020

AS Rathore

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

 

 

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