Allowed

Smt. Ritu Jain and 11 Others v. State of U.P. and 3 Others

Allahabad HC21 May 2018CRLP/16610/2017

Case brief

AI extract

What is this about?

The High Court quashed the FIR in a matrimonial dispute where parties had successfully mediated and entered into a settlement agreement agreeing to withdraw all criminal cases against each other, holding no useful purpose served in continuing proceedings.

What did the court decide?

Impugned FIR dated 16.3.2017 is quashed and the writ petition is allowed subject to fulfillment of the claim mentioned in the settlement agreement.

Smt. Ritu Jain and 11 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 16610 of 2017

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Petitioner :- Smt. Ritu Jain & 11 Others Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.

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The present writ petition along with two connected writ petitions has been nominated to this bench by Hon'ble The Chief Justice vide order dated 10.4.2018 and all the three petitions are listed in the daily cause list today.

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Heard Sri J.B. Singh, learned counsel for the petitioners, Sri Atul Srivastava, learned counsel appearing on behalf of respondent no.4 and Sri Vikas Sahai, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.

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This writ petition has been filed by the petitioners with a prayer to quash the impugned FIR dated 16.3.2017, case crime no. 213 of 2017, under Sections 324, 386, 394, 452, 504, 506, 120B IPC, P.S. Sector 4-49 Noida, District Gautam Budh Nagar.

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It has been stated by learned counsel for the petitioners that dispute amongst the parties was matrimonial in nature. It has also been submitted that the husband of the private respondent preferred a writ petition no.21237 of 2016 and the matter was referred to Mediation & Conciliation Centre of this Court by order dated 29.9.2016.

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From the perusal of the report of the Mediation & Conciliation Centre of this Court dated 7.3.2018 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 7.3.2018. The original settlement agreement is on the record of connected writ petition no.6096 of 2018.

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Learned counsel for the petitioner submitted that since the matrimonial dispute between the parties from which the impugned FIR emanates has been amicably settled before the mediation centre of this Court and the parties have entered into a settlement agreement on 7.3.2018 and according to clause 7 of the settlement agreement, the parties have agreed to withdraw all the criminal cases filed by them against each other, the impugned is liable to be quashed.

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Learned counsel appearing for the respondent does not dispute the submissions made by the learned counsel for the petitioner.

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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 7.3.2018 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 fulfillment of the claim mentioned in the aforesaid agreement/settlement.

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There shall however be no order as to costs.

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(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)

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Order Date :- 21.5.2018 shiv

Smt. Ritu Jain and 11 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Ritu Jain and 11 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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