Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 19965 of 2017
Petitioner :- Anoop Singh And 5 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Tapan Kumar Mishra,Mahesh Kumar
Counsel for Respondent :- G.A.,Rajesh Kumar Yadav
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Mahesh Kumar, learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 & 2, Sri Rajesh Kumar Yadav, learned counsel for respondent no. 3 and perused the record.
The instant petition seeks quashing of the impugned F.I.R. dated 17.12.2016 registered as Case Crime No. 0575 of 2016, under Sections 498-A, 323 I.P. C. and 3/4 of Dowry Prohibition Act, Police Station Prem Nagar, District Jhansi.
As the matter arose out of the matrimonial dispute between husband and wife, vide order dated 20.09.2017, the matter was referred to the Mediation Centre of this Court to explore the possibility of settlement. The Mediation Centre has submitted a report dated 13.12.2018 enclosing therewith the settlement agreement arrived at between the parties.
Para No. 6 & 7 of the settlement agreement, dated 13.12.2018, which has been signed by the concerned parties, are relevant. They are being reproduced below:-
"6. In view of the interim settlement dated 23.01.2018, the following settlement has been arrived at between the parties hereto:-
a) That the marriage of Sri Anoop Singh (Petitioner No. 1-husband) and Smt. Preeti Kushwaha (Respondent No. 3-wife) was solemnized on 11.03.2015. Out of aforesaid wedlock, the parties have no issue. Due to strained relationship the parties have been living separately since September, 2016.
b) That Sri Anoop Singh (Petitioner No. 1, husband) and Smt. Preeti Kushwaha (Respondent No. 3-wife) decided to take mutual divorce and in this regard they have filed a divorce petition under Section 13-B of the Hindu Marriage Act, before the Family Court, Jhansi, which is registered as Case No. 71 of 2018 and the date for second motion is fixed as 28.07.2018. The certified copy of the divorce petition and order sheet are being annexed to this settlement.
c) That it has been agreed between the parties that the husband Anoop Singh will pay a permanent alimony including Stridhan of Rs. 10,00,000/- (rupees ten lakhs only) to the wife in 02 instalments.
d) That on 23.01.2018 Sri Anoop Singh, husband produced two demand drafts bearing nos. 311658 dated 01.01.2018 and 395163 dated 08.01.2018 for Rs. 1,00,000/- and Rs. 5,00,000/- respectively. The demand drafts have been drawn on Yes Bank in favour of Priti Kushwaha. The aforesaid demand drafts were kept in the file of the mediation centre have been handed to the wife and she has acknowledged the receipt of both the aforesaid demand drafts today i.e. 13.02.2018.
e) That it has been agreed between the parties that the remaining amount i.e. Rs. 4,00,000/- shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgment of aforesaid mutual divorce petition before the family court at Jhansi.
f) That it has also been agreed between the parties that all the cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
7. By signing this Agreement the Parties hereto state that they have Crl. Misc. Writ Petition No. 19965 of 2017 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
Learned counsel for the respondent no. 3 has stated that the final instalment of Rs. 4,00,000/- has also been paid and therefore, nothing further remains.
As parties have amicably settled their dispute, keeping in mind the law laid down by the Apex Court in the case of B.S. Joshi and others vs. State of Haryana (2003) 4 SCC 675 as also in Gian Singh vs. State of Punjab (2012) 10 SCC 303, wherein it has been held that on the basis of compromise between the parties even non compoundable offence emanating from matrimonial dispute can be quashed in exercise of inherent power as well as constitutional power, we deem it appropriate to quash the impugned first information report.
The petition stands allowed, as above.
Order Date :- 30.4.2019
Vibha Singh