The court quashed a criminal FIR under various Sections of the IPC after noting a settlement agreement between the petitioner and the respondent, relying on well-settled principles of law.
The First Information Report dated 07.03.2022 is hereby quashed.
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Neutral Citation No. - 2023:AHC:168121-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 8461 of 2023
Petitioner :- Malay Agrawal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajan Tripathi Counsel for Respondent :- G.A.,Anupam Dubey
Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.
"6) The following settlement has been arrived at between the Parties hereto:-
a) That the parties have already settled their dispute and in this regard they have entered into a settlement dated 22.11.2022 and produce a copy of the same which is annexed herewith for kind perusal of the Hon'ble Court. The parties stated that the aforesaid settlement dated 22.11.2022 contains all the terms conditions of the settlement and the same shall be a part of the settlement also.
b) That in view of the above, if the Hon'ble Court is pleases to allow Criminal Misc. Writ Petition No. 8461 of 2023, the Respondent No. 3 shall have no objection in any manner whatsoever.
c) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse."
Order Date :- 21.8.2023 Brijesh Maurya
Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether a criminal FIR under Sections 406, 420, 467, 468, 471, 120B, 506 IPC is liable to be quashed in view of a settlement reached between the parties.
Colour shows how this judgement treated each authority
B.S. Joshi Vs. State of HaryanaReferred¶15
B.S. Joshi Vs. State of Haryana, 2003(4) SCC 675 · Who else cites this
Nikhil Merchant Vs. Central Bureau of investigation and anotherReferred¶15
Nikhil Merchant Vs. Central Bureau of investigation and another, J.T. 2008(9) SC 192 · Who else cites this
Gian Singh Vs. State of PunjabReferred¶15
Gian Singh Vs. State of Punjab, (2012) 10 SCC 303 · Who else cites this
Yogendra Yadav and others Vs. State of JharkhandReferred¶15
Yogendra Yadav and others Vs. State of Jharkhand, (2014) 9 SCC 653 · Who else cites this
Narendra Singh Vs. State of PunjabReferred¶15
Narendra Singh Vs. State of Punjab, (2014) 6 SCC 466 · Who else cites this
Malay Agrawal
State of U.P.
Vivek Kumar Birla
Surendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
