Allowed

Shan Miya and 6 Others v. State of U.P Thru Secretary Home Lknw. and 4 Others

Allahabad HC23 Aug 2022CRLP/11949/2021

Case brief

AI extract

What is this about?

The High Court quashed an FIR in a matrimonial dispute after the Mediation Centre reported a successful settlement. The parties agreed to withdraw all criminal cases filed against each other, rendering further proceedings useless.

What did the court decide?

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

Shan Miya and 6 Others Vs State of U.P Thru… — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11949 of 2021

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Petitioner :- Shan Miya And 6 Others Respondent :- State Of U.P Thru Secretary Home Lknw. And 4 Others

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Counsel for Petitioner :- Sundeep Shukla Counsel for Respondent :- G.A.,Piyush Sinha,Shams Uz Zaman

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Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.

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Heard Sri Sundeep Shukla learned counsel for the petitioners, learned AGA for the State, Sri Piyush Sinha, learned counsel for respondent nos.4 and 5 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 07.09.2021, case crime no. 386 of 2021, under Sections 498A, 323, 354A, 504, 307, 506 IPC and Section 3/4 Muslim Women (Protection of Right on Marriage) Act, 2019, P.S. Jhinjhana, District Shamli.

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This matter was referred to Mediation & Conciliation Centre of this Court by order dated 16.2.2022.

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From the perusal of the report of the Mediation & Conciliation Centre of this Court dated 29.3.2022, 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 8.3.2022. The original settlement agreement is on the record of this Case.

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Learned counsel for the petitioners 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 8.3.2022 and according to clause 7 (e) 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 respondents does not dispute the submissions made by the learned counsel for the petitioners.

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Since the matrimonial dispute between the parties from which

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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 8.3.2022 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.

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

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Order Date :- 23.8.2022 SP

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Digitally signed by SALIM PRAVEJ Date: 2022.08.26 10:54:10 IST Reason: Location: High Court of Judicature at Allahabad

Shan Miya and 6 Others v. State of U.P Thru Secretary Home Lknw. and 4 Others

Case brief

What is this about?

What did the court decide?

Shan Miya and 6 Others v. State of U.P Thru Secretary Home Lknw. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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