Criminal Misc. Writ Petition filed by husband seeking quashing of FIR under dowry and cruelty sections. After mediation sessions, parties reached a settlement. Court allowed petition and quashed FIR under Article 227, enforcing settlement terms.
Quashing of FIR dated 30.05.2017; settlement agreement terms made Rule of Court.
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Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 12303 of 2017
Petitioner :- Bharat @ Bhuvnesh And 4 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Ronak Chaturvedi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
The first petitioner Bharat @ Bhuvnesh is the husband and third respondent Khushbu is his wife between whom there was a matrimonial discord which led the FIR giving rise to Case Crime No.0372 of 2017, under Sections 498A, 323, 504, 506, 354 and 376 IPC and Section 3/4 Dowry Prohibition Act, P.S. Auraiya, District Auraiya.
This petition came up for admission on 06.07.2017 when this Court directed all parties to attempt an amicable settlement of their dispute with the assistance of the Allahabad High Court Mediation and Conciliation Centre. The parties were referred to the Mediation Centre by an order of that date.
It appears that before the Mediation Centre parties made attempts to reconcile their differences across as many as three sessions held on 27.08.2017, 24.09.2017 and 15.10.2017. The efforts bore fruit and the parties reached an agreement. The Mediation Centre has forwarded its report dated 15.10.2017 along with the settlement-agreement of that date.
A perusal of the settlement-agreement shows that the parties have reconciled all their differences; have decided to put an end to all pending litigation between them in different courts and before various authorities. The terms of settlement have been set forth in paragraph-6, specifically, paragraph 6 (a) to (f) to the settlement-agreement dated 15.10.2017.
Looking to the settlement-agreement and the terms of which we find to be not against the law and public policy, we proceed to allow the instant writ petition and quash the impugned FIR dated 30.05.2017 giving rise to Case Crime No.0372 of 2017, under Sections 498A, 323, 504, 506, 354 and 376 IPC and Section 3/4 Dowry Prohibition Act, P.S. Auraiya, District Auraiya.
Accordingly, the writ petition succeeds and is allowed. The impugned FIR dated 30.05.2017 giving rise to Case Crime No.0372 of 2017, under Sections 498A, 323, 504, 506, 354 and 376 IPC and Section 3/4 Dowry Prohibition Act, P.S. Auraiya, District Auraiya is hereby quashed.
The terms of the settlement-agreement dated 15.10.2017 carried in paragraph no. 6 (a) to (f) are made Rule of Court to be faithfully complied with all courts subordinate. Likewise, both parties to the agreement and persons claiming through them will be bound by the terms of the settlement-agreement dated 15.10.2017.
The aforesaid order is being passed by us in exercise of our powers under Article 227 of the Constitution.
Order Date :- 7.5.2018 Ujjawal
2 issues framed by the court
Whether the FIR charging matrimonial offences should be quashed in view of a settlement agreement reached through mediation.
Whether the terms of the settlement agreement are against the law or public policy.
3 provisions across 3 enactments
Bharat @ Bhuvnesh
Khushbu
State Of U.P.
Others
Vipin Sinha
Mahboob Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
