This Court quashed an FIR filed under Sections 498A IPC and other provisions for a matrimonial dispute. The petition was allowed as the parties had amicably settled and agreed to withdraw all criminal cases.
The impugned FIR dated 30.7.2017 is quashed.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 17137 of 2017
Petitioner :- Abhinav Srivastava And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anay Kumar Srivastava,Yuvaraj A.K. Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Yuvaraj A.K. Sharma, learned counsel for the petitioner, Ms. Ibha Sinha, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner with a prayer to quash the impugned FIR dated 30.7.2017, case crime no. 354 of 2017, under Sections 498A, 504 IPC and Section 3/4 D.P.Act, P.S. George Town, District Allahabad.
This matter was referred to Mediation & Conciliation Centre of this Court by order dated 24.8.2017.
From the perusal of the report of the Mediation & Conciliation Centre of this Court dated 19.1.2018, it transpires that the mediation between the parties has succeeded and the parties have entered into settlement agreement before Mediation & Concealiation Centre of this Court on 7.1.2018. The original settlement agreement is on the record of this Case.
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 7.1.2018 and according to clause 6 h 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.
Learned counsel appearing for the respondent does not dispute the submissions made by the learned counsel for the petitioner.
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 7.1.2018 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 claum mentioned in the aforesaid agreement/settlement.
There shall however be no order as to costs.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 16.3.2018 Shiraz
1 issue framed by the court
Whether a criminal case arising from a matrimonial dispute can be quashed after a settlement is reached through mediation.
Abhinav Srivastava
State Of U.P.
Krishna Pratap Singh
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
