Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 28247 of 2018 Petitioner :- Ajay Kumar Pal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Malviya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Rajeev Malviya, learned counsel for the petitioners and Sri Gaurav Pratap Singh, learned A.G.A 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 F.I.R. dated 11.9.2018 bearing Case Crime No. 0930 of 2018 under Section 498A IPC and 3/4 Dowry Prohibition Act, P.S. Izzatnagar, District Bareilly.
This matter was referred to Mediation & Conciliation Centre of this Court by order dated 8.10.2018.
From the perusal of the report of the Mediation & Conciliation Centre of this Court dated 25.3.2019, it transpires that the mediation between the parties has succeeded and the parties have entered into settlement agreement before Mediation & Conciliation Centre of this Court on 25.3.2019. 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 25.3.2019 and according to clause 6 (h) of the settlement agreement parties have agreed to withdraw all the criminal cases filed by them against each other, the impugned FIR is liable to be quashed. It is further submitted by learned counsel for the petitioner that for the proceedings under Section 13 (b) of the Hindu Marriage Act date is fixed for tomorrow i.e., 28.11.2019.
Learned counsel appearing for the respondent does not dispute the submissions made by 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 25.3.2019 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 fulfilment of the column mentioned in the aforesaid agreement/ settlement and to the outcome of decision on application under Section 13 (b) Hindu Marriage Act.
There shall however be no order as to costs.
Order Date :- 27.11.2019 Nadeem Ahmad (Ajit Kumar,J.) (Ramesh Sinha,J.)