The High Court quashed an FIR under Section 379 IPC after finding that the parties had entered into a lawful settlement agreement and mediation was completed. The writ petition was allowed to terminate the investigation.
The impugned FIR registered as case crime no. 0011 of 2017 under Section 379 IPC is hereby quashed.
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Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15993 of 2017
Petitioner :- Harish Kumar And 7 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Sujan Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
List has been revised. None appears for the petitioners. Learned AGA is present.
The record shows that this matter was referred to the mediation centre vide order dated 10.8.2017. The report of mediation centre shows that the mediation has been completed and parties have entered into compromise. A settlement agreement has been arrived at between them on 26.4.2018 which has been forwarded to this Court along with a report of the Centre. We have perused the settlement agreement dated 26.4.2018 and find it to be lawful and not against public policy in any manner. Accordingly, no useful purpose would be served by permitting investigation pursuant to the impugned FIR to continue. Any further investigation would be an abuse of process of Court and wastage of public time and money.
Accordingly, the writ petition succeeds and is allowed. The impugned FIR registered as case crime no.0011 of 2017 u/s 379 IPC PS Jagdishpura District Agra is hereby quashed. Consequences shall follow.
It is provided that each of the terms incorporated in paragraph 6(a) to (6) of the settlement agreement dated 26.4.2018 be and are made Rule of this Court. All courts subordinate to this Court shall faithfully be bound to comply with the terms of the settlement as a Rule of this Court. It is also provided that both the parties to the settlement agreement are equally bound to abide by those terms of the said settlement agreement under our orders. The aforesaid direction is being made in exercise of powers under Article 227 of the Constitution.
Order Date :- 14.5.2018 SP
2 issues framed by the court
Whether the investigation pursuant to the impugned FIR should be permitted to continue given the settlement agreement.
Whether the settlement agreement dated 26.4.2018 is lawful and not against public policy.
2 provisions across 2 enactments
Harish Kumar And 7 Others
State Of U.P. And 7 Others
Vipin Sinha
Mahboob Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
