Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5531 of 2019
Petitioner :- Mehruddin And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devashish Mitra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Devashish Mitra, learned counsel for the petitioners, Sri Manoj Kumar Gupta, learned counsel for the respondent no.3 and learned A.G.A. for the State.
The present writ petition has been filed for quashing the impugned FIR dated 22.7.2018 in Case Crime No. 390 of 2018, under Sections 452, 498A, 376, 323, 506 IPC, Police Station Fatehganj West, District Bareilly.
Today, when the case was taken up for admission, Sri Manoj Kumar Gupta, learned counsel has put in appearance on behalf of respondent no.3 who has filed his counter affidavit. The affidavit is that one Rifakt Hussain who happens to be brother of respondent no.3-wife. The counsel for the petitioners submits that the parties had entered into the compromise, which has been annexed as Annexure-3 on page 17 of the writ petition itself. The counter affidavit has been signed by all parties concerned.
Learned counsel for the respondent no.3 has not disputed the facts as stated by the learned counsel for the petitioners. He further contended respondent no.3 does not want to proceed with the present case against the petitioners and the same may be allowed.
In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and the matter is purely of personal nature and family dispute, which has been mutually settled between the parties and also in view of the compromise dated 11.2.2019, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. and 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), the proceedings of the aforesaid case is hereby set aside. The present writ petition is accordingly allowed.
However, the liberty is given to all the parties concerned that in case some dispute with regard to veracity of compromise arises, they may move an application for recall of the order before this Court itself.
Order Date :- 28.2.2019 Mini