HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- CRIMINAL MISC. WRIT PETITION No. – 17156 of 2019
Petitioner :- Sandeep Kumar And 5 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Bhawesh Pratap Singh
Counsel for Respondent :- G.A.,Mohammad Yaseen
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) Sandeep Kumar, Bhai [email protected] Lal, Smt. Heerawati, [email protected], Anita and Chhedi Lal, with the prayer to quash the F.I.R. dated 18.3.2019 which has been registered as Case Crime No. 148 of 2019, under Sections 498A, 323, 307, 506 I.P.C. and 3/4 D.P. Act, P.S.- Mahila Thana, District- Prayagraj (Allahabad) with a further prayer to stay the arrest of the petitioner(s) 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 7.11.2019, 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 7.11.2019. 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 7.11.2019 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 quashedand 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
(Samit Gopal, J.) (Ramesh Sinha, J.)