Allowed

Rajesh Sharma and 5 Others v. State of U.P. and 3 Others

Allahabad HC11 Dec 2019CRLP/20270/2018

Case brief

AI extract

What is this about?

Petitioner sought quashing of FIR arising from matrimonial dispute. Court noted successful mediation and settlement with agreement to withdraw criminal cases. FIR quashed and petition allowed subject to agreement fulfillment.

What did the court decide?

The impugned FIR is quashed and the writ petition is allowed subject to fulfillment of the claim mentioned in the settlement agreement.

Rajesh Sharma and 5 Others Vs State of U.P. and 3 Others — Allahabad HC (2019) — LawSathi Research

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Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 20270 of 2018 Petitioner :- Rajesh Sharma And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Upendra Vikram Singh Counsel for Respondent :- G.A.,Dilip Kumar Singh

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.

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Heard Sri Upendra Vikram Singh, learned counsel for the petitioner, Sri Dilip Kumar Singh, 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 petitioner with a prayer to quash the impugned FIR dated 25.06.2018 bearing case crime no. 066 of 2018, under Section 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana, district Allahabad.

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This matter was referred to Mediation & Conciliation Centre of this Court by order dated 27.7.2018.

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From the perusal of the report of the Mediation & Conciliation Centre of this Court dated 21.02.2019, 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 18.2.2019 . The original settlement agreement is on the record of this Case.

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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 18.2.2019 and according to clause (f) 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 03.04.2016 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

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Order Date :- 11.12.2019 Sanjeev

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(Ajit Kumar,J.) (Ramesh Sinha,J.)

Rajesh Sharma and 5 Others v. State of U.P. and 3 Others

Case brief

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Rajesh Sharma and 5 Others v. State of U.P. and 3 Others

Case brief

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