Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15807 of 2017 Petitioner :- Praveen @ Bhola And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Gupta Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Abhishek Gupta, learned counsel for the petitioners and Ms. Ibha Sinha, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
By means of the present petition, the petitioners have prayed for quashing the impugned F.I.R. dated 05.06.2017 registered as case Crime No. 99 of 2017, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, NOIDA, District Gautam Budh Nagar.
It has been contended by learned counsel for the petitioners that the matter has been settled between the parties before the Mediation & Conciliation Centre of this Court.
Learned counsel for the petitioners in support of his contention 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 petitioners and respondent no. 3 have compromised the dispute and as such respondent no. 3 does not want to press the present case against the petitioners. The respondent no. 3 is ready to withdraw the prosecution of the petitioners and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
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 petitioners finds force that this court in exercise of its inherent power 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 husband and wife.
Hence, considering the facts and circumstances of the case and nature of offence the F.I.R. of the aforesaid case is hereby quashed.
The present petition stands allowed.
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(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.2.2018 Pr/-