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Ritik Sharma And 10 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. – 17155 of 2019

Petitioner :- Ritik Sharma And 10 Others

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

Counsel for Petitioner :- Mrityunjay Dwivedi

Counsel for Respondent :- G.A.,Puran Nath Shukla

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 petitioner(s) Ritik Sharma, Narendra Sharma, Smt. Manju Sharma, [email protected], [email protected], Smt. Santosh Sharma, Smt. Bhawana, [email protected],Smt. Archna, Sanjeev and Ashok Sharma, with the prayer to quash the F.I.R. dated 7.6.2019 which has been registered as Case Crime No. 224 of 2019, under Sections 498A, 323, 506, 376D I.P.C. and 3/4 D.P. Act, P.S.- Gandhi Park, District- Aligarh with a further prayer to stay the arrest of the petitioner(s) therein during the pendency of investigation.

It appears from the order dated 21.6.2019 passed by this Court that the dispute between the parties being matrimonial in nature, was referred to the Mediation Centre and as per the report of Mediation Centre dated 23.9.2019, mediation between the parties has succeeded and the parties have entered into settlement agreement before Mediation Conciliation Centre of this Court on 23.9.2019. The original settlement agreement is on the record of this Case. It further transpires from the record that even the application moved under Section 13B of Hindu Marriage Act has been allowed vide order dated 17.9.2019 passed by the Principal Judge, Family Court, Aligarh in Marriage Petition No. 1402 of 2019.

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 23.9.2019 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

Naresh

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

 

 

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