Hon'ble Mrs. Saroj Yadav,J.
1. Heard Shri Anil Kumar, learned counsel for the petitioner, Shri Munni Lal Yadav, learned counsel for respondent no.4, Shri S.P.Singh, learned A.G.A. for the respondent State and perused the impugned F.I.R. as well as materials brought on record.
2. By means of the present petition, the petitioner Constable Ashwani Yadav Pratap Singh, has prayed for quashing the First Information Report dated 7.5.2021 bearing F.I.R.No.0196 of 2021, under Sections 376, 377, 313, 504, 506 I.P.C. and Section 3(2) (v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Aashiyana, District- Lucknow.
3. As per averments made in paragraphs 8, 9 and 10 of the writ petition, it is admitted fact that the petitioner and opposite party no.4 were having consensual relations with each other but due to some misunderstanding between them, the First information report was lodged by respondent no.4. It is further submitted that now the petitioner and opposite party no.4 have solemnised marriage at Arya Samaj Mandir on 11.6.2021, copy of marriage certificate is being annexed as Annexure No.2 to the writ petition. Both petitioner and respondent no.4 are employed in the police department and they have amicably settled their dispute. Affidavit of opposite party no.4 to the same effect, has also been filed as Annexure No.3 to the writ petition.
4. Shri Munni Lal Yadav, learned counsel for the respondent no.4 could not dispute the facts as mentioned above and states that the impugned FIR be quashed, he has no objection to it.
5. Learned counsel for the petitioner has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012)10 SCC 303 and has submitted that the petitioner and respondent no.4 have settled their dispute amicably and married with each other, and as such respondent no.4 does not want to press the present case against the petitioner. Respondent no.4 has settled the dispute with petitioner and she is not willing to prosecute the petitioner. In view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
6. From perusal of the record, it is apparent that petitioner and respondent no.4 have solemnised marriage and settled their dispute amicably.
7. In this regard, the view taken by the Apex court in the case of B.S. Joshi (supra) and Gian Singh versus State Of Punjab (supra) which has been relied upon by the learned counsel for the petitioner finds force that this court in exercise of its inherent power under Article 226 of the Constitution of India can quash the F.I.R. as the dispute being matrimonial in nature and have been amicably settled between petitioner and respondent no.4.
8. Hence, considering the facts and circumstances of the case and nature of offence, First Information Report dated 7.5.2021 bearing F.I.R.No.0196 of 2021, under Sections 376, 377, 313, 504, 506 I.P.C. and Section 3(2) (v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Aashiyana, District- Lucknow is hereby quashed.
9. The present petition stands allowed.
10. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
11. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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