Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 25807 of 2018 Petitioner :- Dr. Tusar Goel And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kumar Kesari,Abhishek Singh Counsel for Respondent :- G.A.,Ashish Kumar Singh
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Perusal of the record shows that the matter was referred to the Mediation Centre vide judgment and order dated 17.9.2018 passed by another Bench of this Court. We have also perused the report of Mediation Centre dated 11.12.2018, which shows that the mediation has been completed and the settlement agreement has also been brought on record.
The terms of the settlement agreement dated 11.12.2018 have been duly perused by this Court. The said settlement agreement is made rule of the Court.
In view of the aforesaid, the writ petition succeeds and the same is accordingly, allowed.
Heard learned counsel for the petitioners and learned AGA for the State.
We have perused the interim order dated 17.9.2018 passed by another Bench of this Court by means of which the matter was referred to Mediation Centre, Allahabad. The report of mediation centre shows that parties have entered into an agreement. A settlement agreement is on record along with report of mediation centre dated 11.12.2018. We have also perused the settlement agreement dated 11.12.2018 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 impugned FIR registered as case crime no.478 of 2018 under Sections 498A, 376, 511 IPC and 3/4 D.P. Act P.S. Pilkhuwa District Hapur 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 11.12.2018 be and 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. The aforesaid direction is being made in exercise of powers under Article 226 of the Constitution.
Order Date :- 18.12.2018 Ravi Kant