Allowed

Akbar Ali and 3 Others v. State of U.P. and 2 Others

Allahabad HC6 Feb 2019CRLP/2324/2018

Case brief

AI extract

What is this about?

The High Court quashed the FIR filed by the wife under Sections 498-A, 323, 504, 506 IPC and D.P Act following a mediation report confirming a settlement between the husband and wife to live together, relying on precedents allowing quashing of non-compoundable matrimonial offences upon compromise.

What did the court decide?

The FIR dated 2.1.2018 lodged as Case Crime No. 2 of 2018 at P.S. Ram Nagar, District Varanasi is hereby quashed.

Akbar Ali and 3 Others Vs State of U.P. and 2 Others — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2324 of 2018

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Petitioner :- Akbar Ali And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Asif Counsel for Respondent :- GA

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Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.

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The list has been revised.

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No one appears on behalf of the petitioners. The learned A.G.A. is present on behalf of the respondents no. 1 and 2. We have perused the record.

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The instant petition seeks quashing of the First Information Report dated 2.1.2018 registered as Case Crime No. 2 of 2018, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P Act, at P.S. Ram Nagar, District Varanasi.

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Considering that the matter emanated from a matrimonial dispute, vide order dated 1.2.2018, the matter was referred to the Mediation Centre of this Court for exploring possibility of a settlement between the parties.

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Pursuant to the order dated 1.2.2018, the Mediation Centre of this Court has submitted a report dated 2.5.2018 that the mediation was completed and parties arrived at a settlement. The settlement agreement dated 2.5.2018 has also been enclosed, which is, purportedly, signed by the petitioner no. 1 (the husband of the respondent no. 3) and Nazia Khan (respondent no. 3). The relevant terms and conditions of the compromise are contained in paragraphs no. 6 and 7 of the settlement agreement, which are extracted below:

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"6. In view of the Interim Settlement dated 11.04.2018 , the following settlement has been arrive at between the Parties hereto:-

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a) That the marriage of Sri Akbar Ali (Petitioner No.1- husband) and Smt. Naziya Khan (Respondent No. 3, wife) was solemnized on 27.02.2017. Due to strained relationship the parties have been living separately since 24.11.2017. Out of aforesaid wedlock the

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parties have no issue.

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b) That as per Interim Settlement, the parties have decided to reunite and live together as husband and wife, accordingly they have been living together in perfect harmony forgetting all previous disputes and differences.

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c) That today i.e. 02.05.2018, Sri Akbar Ali, (Petitioner No.1husband) and Smt. Naziya Khan (Respondent No. 3, wife) have appeared before the Mediation Centre and stated to the mediators that they have been living together happily as per interim settlement and satisfied with the behaviour of each other, they are happy with this reunion.

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d) That the husband undertakes to take care of his wife and provide all essential requirements and amenities in future.

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e) That husband and wife undertake that none of them will do any such act which is painful to other or hurt the feelings.

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f) That both the parties assure each other that they shall make every possible effort for a happy and congenial relationship and environment.

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g) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement, otherwise the aggrieved party will be free to take legal recourse.

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h) That wife has admitted that due to some confusion and provoking by the people she has lodged the FIR

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i) That it has been agreed between the parties that the all Criminal And Civil cases filed by them against each other shall be withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month of this settlement.

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7.- By signing this Agreement the Parties hereto state that they have no further claim against each other with respect to Crl. Misc. Writ Petition No. 2324 of 2018 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation."

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In view of the aforesaid settlement between the parties, keeping in mind the law laid laid down by the Apex Court in B.S. Joshi and Ors. Vs. State of Harayana (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab (2012) 10 SCC 303 , where it has been held that on the basis of a compromise between the parties even non-compoundable offences can be quashed, particularly, when they relate to matrimonial offences, the writ petition is liable to be

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allowed and is, accordingly, allowed. The F.I.R. dated 2.1.2018 lodged by the respondent no. 3 as Case Crime No. 2 of 2018, P.S. Ram Nagar, District Varanasi is hereby quashed.

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Order Date :- 6.2.2019/Md Faisal

Akbar Ali and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Akbar Ali and 3 Others v. State of U.P. and 2 Others

Case brief

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