Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15956 of 2018 Petitioner :- Chetanya Sahu And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Chandra Mishra,Rajendra Prasad Maury Counsel for Respondent :- G.A.,Bhagwan Das Sharma
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Harish Chandra Mishra, learned counsel for the petitioners; Mr R. P. Maurya, learned counsel for the respondent no. 4; learned AGA for the State respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 1.4.2018, registered as Case Crime No. 427 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D. P. Act, P.S. Chakeri, District Kanpur Nagar.
A joint application duly signed by the petitioner no. 1 Chetanya Sahu and respondent no. 4 Smt Neha Sahu, who are husband and wife respectively, has been filed supported by their joint affidavit, and countersigned by their respective counsels. It has been stated therein that the parties have resolved their differences and have entered into compromise and are now living together as husband and wife with no further grievance against each other and, therefore, the FIR may be quashed in terms of the compromise.
Learned counsel for the petitioners as well as counsel for the respondent no. 4 are both in agreement that on the basis of the compromise, parties have resolved their differences and now no further dispute exists. They have jointly prayed that the FIR be quashed.
In view of above and keeping in mind the law laid down by the Apex Court in the case of B.S. Joshi and others vs. State of Haryana and others 2003 (4) SCC 675 and Gian Singh vs. State of Punjab (2012) 10 SCC 303, wherein it has been laid down that in matrimonial matters even in respect of non-compoundable offences on the basis of compromise criminal proceeding can be quashed, this Court considers it appropriate to quash the First Information Report pertaining to Case Crime No. 427 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D. P. Act, P.S. Chakeri, District Kanpur Nagar, in terms of the aforesaid compromise.
The petition stands allowed. There is no order as to costs.
Order Date :- 26.2.2019 RavindraKSingh