Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 24762 of 2018 Petitioner :- Kapil Chandra Agarwal And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Kumar Singh,Babit Kumar Counsel for Respondent :- G.A.,Ajitam Srivastav,Satyendra Nath Tripathi
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Prashant Kumar Singh, learned counsel for petitioners, learned A.G.A for State and Mr. S.N. Tripathi, learned counsel for respondents.
2. This writ petition under Article 226 of the Constitution of India has been filed seeking quashing of First Information Report dated 13.8.2018 registered as Case Crime No. 0416 of 2018, under Sections 498A, 323, 504, 506, 313, 377, 354, 420, 120B IPC and 3/4 Dowry Prohibition Act, Police Station Bhelpur, District Varanasi.
3. The matter was remitted for mediation and report of Mediation and Conciliation Centre has been submitted alongwith settlement agreement dated 15.2.2019. Parties have settled the matter and terms of settlement contained in para 6 read as under:
"6. In view of interim settlement dated 15.2.2019, following settlement has been arrived at between the parties thereto:-
a) That the marriage of Sri Kapil Chandra Agrawal (Petitioner No.-1- Husband) and Smt. Rekha Goyal (Respondent No.3-wife) was solemnized on 18.4.2018. Due to strained relationships, they were living separately under the same roof. No issue was born out of aforesaid wedlock.
b) That as per interim settlement dated 15.2.2019, Sri Kapil Chandra Agrawal (Petitioner No.1- Husband) and Smt. Rekha Goyal (Respondent No. 3- Wife) had decided to take mutual divorce without any alimony.
c) That as agreed during interim settlement dated 15.2.2019, Sri Kapil Chandra Agrawal, (Petitioner No.1- Husband) and Smt. Rekha Goyal (Respondet No.3- wife) have filed a mutual divorce petition No. 557 of 2019 u/s 13-B of Hindu Marriage Act before the Principle Judge, Faily Court, Varanasi and they have also produced the certified copy of said divorce petition, which is being made part of this settlement.
d) That now the parties have no grudge against each other and in future they shall not litigate in this regard as there remains nothing to be settled between them from today.
e) In view of the present final settlement, parties agrees that they will not claim any further rights or liabilities in respect of the present dispute.
f) That it has been agreed between the parties that all the criminal and civil CAses filed by them against each other shall be withdrawn by them by taking appropriate steps before the Court/authorities concerned at the earliest."
4. In view thereof, writ petition is allowed in terms of aforesaid settlement. Impugned FIR dated 13.8.2018 registered as Case Crime No. 0416 of 2018, under Sections 498A, 323, 504, 506, 313, 377, 354, 420, 120B IPC and 3/4 Dowry Prohibition Act, Police Station Bhelpur, District Varanasi and all subsequent proceedings pursuant thereto, are hereby set aside.
Order Date :- 26.11.2019 Arshad