Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 27912 of 2018 Petitioner :- Nihal Ahmad And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- G.A.,Ram Raksha Tiwari
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners Shri Rajesh Kumar Singh, learned counsel for the respondents Shri Ram Raksha Tiwari and learned A.G.A. for the State Shri G.P. Singh and perused the record.
This writ petition has been filed by the petitioners with a prayer to :-
(a) Issue a writ, order or direction in the nature of certiorari to quash the F.I.R. dated 17.09.2018 being Case Crime No. 634 of 2018, under Sections 498A, 323, 504, 506, 307 of I.P.C., Police Station - Kotwali Nagar, District - Banda.
(b) Issue a writ, order or direction in the nature of mandamus to stay the arrest of the petitioners in Case Crime No. 634 of 2018, under Sections 498A, 323, 504, 506, 307 of I.P.C., Police Station - Kotwali Nagar, District - Banda.
This matter was referred to Mediation & Conciliation Centre of this Court by order dated 04.10.2018.
From the perusal of the report of the Mediation & Conciliation Centre of this Court dated 27.02.2019, it transpires that the mediation between the parties has succeeded and the parties have entered into settlement agreement before Mediation & Conciliation Centre of this Court on 27.02.2019. The original settlement agreement is on the record of this Case.
Learned counsel for the petitioners submitted that since the matrimonial dispute between the parties from which the impugned F.I.R. emanates has been amicably settled before the mediation centre of this Court and the parties have entered into a settlement agreement on 27.02.2019 and according to Clause 6(g) of the settlement agreement, the parties have agreed to withdraw all the criminal cases filed by them against each other, the impugned is liable to be quashed.
Learned counsel appearing for the respondent no. 4 does not dispute the submissions made by the learned counsel for the petitioners.
Since the matrimonial dispute between the parties from which the impugned FIR has emanated has been amicably settled before the Mediation Centre of this Court and the parties have entered into a compromise on 27.02.2019 under which they have agreed to withdraw all the criminal cases filed by them against each other, no useful purpose would be served in proceeding any further against the petitioners in this matter. The impugned F.I.R. is quashed and the writ petition stands allowed.
There shall however be no order as to costs.
Order Date :- 27.11.2019 I. Batabyal (Ajit Kumar, J.)(Ramesh Sinha, J.)