Court No. - 51
Case :- APPLICATION U/S 482 No. - 3194 of 2018 Applicant :- Anurag Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Udai Chandani Counsel for Opposite Party :- G.A.,Ajay Kumar Pandey
Hon'ble Vipin Sinha,J.
Heard Sri Anjani Kumar, learned counsel, holding brief of Sri Udai Chandani, learned counsel for the applicant, Sri Ajay Kumar Pandey, learned counsel for the opposite party no.2 and Sri Yogeshwar Rai, learned A.G.A. appearing for the State and perused the record.
The present application has been moved by the applicant with prayer to quash the entire proceedings including the charge sheet as well as the cognizance order dated 27.09.2017, passed by the Judicial Magistrate, Court No.1, Varanasi, in Criminal Case No.2261 of 2017, arising out of Case Crime No. 233 of 2017, under Section 354-A of IPC (State Vs. Anurag), Police Station Lanka, Varanasi.
The contention of Sri Anjani Kumar, learned counsel for the applicant is that vide order dated 06.02.2018 passed by another Bench of this Court, the matter was referred to mediation centre of this Court.
Today when the matter has been taken up, the Court has been informed that the parties have arrived at a settlement, before the mediation center of this Court. The said settlement dated 07.05.2018 is also on record. I have perused the said settlement agreement dated 07.05.2018, which shows that the parties have arrived at a settlement, subject to the following conditions, which is mentioned at paragraph no.6 of the said settlement:-
1. That both the parties i.e. Dr. Anurag (Applicant) and Dr. Megha Garg (Opposite Party No. 2) are doctors, pursuing their respective courses from Banaras Hindu University, while Dr. Megha Garg (Opposite Party No. 2) is an Intern and Junior to Dr. Anurag (Applicant). Dr. Anurag (Applicant) is pursuing his M.S. and he is in second year of the course.
2. That the incident took place on 27.02.2017 and was reported and has given rise to Crl. Case No. 2261 of 2017 arising out of case crime no. 233 of 2017 under section 354A of I.P.C (State Vs. Anurag) registered at Police Station Lanka, Varanasi, Pending Before Judicial Magistrate I, Varanasi.
3. That pursuant of the said FIR, the university also suspended Dr. Anurag (Applicant) for a period of 15 days in the month of March 2017. It appears that some incident took place therefore which has given rise to lodging of an FIR by Dr. Anurag (Applicant) against Dr. Megha Garg (Opposite Party No. 2) under SC/ST Act. This has in turn led to the filing of Crl. Misc. Application No. 19144 of 2017 Dr. Anurag Vs. Dr. Megha & Others.
4. That sice both the litigants happened to be doctors and pursuing their respective courses and also have their examinations, which are scheduled to commence from 15.05.2018, hence on the advice of the Mediators, they have decided to settle the matter amicably.
5. Dr. Anurag (Applicant) has tendered an unconditional apology to the satisfaction of Dr. Megha Garg (Opposite Party No. 2) and her mother, as a result whereof the disputes and differences arising out of Criminal Misc. Application No. 19144 of 2017 and Criminal Misc. Application No. 3194 of 2018 are hereby decided in terms of the said apology/compromise between the parties. It is made clear that all cases between the above-mentioned parties shall come to an end in terms of this compromise.
6. With these observation, the above cases are resolved amicably and the parties have decided to pursue their career for a bright future.
I have also perused the settlement agreement dated 07.05.2018 and find it to be lawful and not against public policy in any manner. Accordingly, no useful purpose would be served by permitting investigation pursuant to the impugned FIR to continue. Any further investigation would be an abuse of process of Court and wastage of public time and money.
Accordingly, the writ petition succeeds and is allowed. The entire proceedings including the charge sheet as well as the cognizance order dated 27.09.2017, passed by the Judicial Magistrate, Court No.1, Varanasi, in Criminal Case No.2261 of 2017, arising out of Case Crime No. 233 of 2017, under Section 354-A of IPC (State Vs. Anurag), Police Station Lanka, Varanasi, is hereby quashed. Consequences shall follow.
It is provided that each of the terms incorporated in paragraph 6(a) to (f) of the settlement agreement dated 07.05.2018 are made Rule of this Court. All courts subordinate to this Court shall faithfully be bound to comply with the terms of the settlement as a Rule of this Court. It is also provided that both the parties to the settlement agreement are equally bound to abide by those terms of the said settlement agreement under our orders.
Let a copy of this order shall be provide to the parties concerned within two days from today, on payment of usual charges.
Order Date :- 26.9.2019 VKG