Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 4291 of 2019 Petitioner :- Praveen And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Chandra Srivastava Counsel for Respondent :- G.A.,Avdhesh Kumar Srivastava
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard the learned counsel for the petitioners, the learned counsel appearing on behalf of the respondent no. 4 and the learned AGA for the State.
The instant petition has been filed by the petitioners with a prayer to quash the first information report dated 19.2.2018 registered as case Crime No. 70 of 2018, under Sections 498-A, 323, 504, 506, 313, 354-B I.P.C. and 3/4 D.P. Act, police station Mahila Thana, district Ghaziabad.
It is submitted by the learned counsel for the petitioners that in the proceeding pending under Section 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Ghaziabad vide Case No. 665 of 2018 the total money i.e. Rs. 13,50,000/- has been received by the respondent no. 4 and her statement has also been recorded wherein she has submitted that she has no objection in case the divorce petition is allowed. The certified copy of the statement recorded before the court below along with the certified copy of the order dated 25.2.2019 for fixing the aforesaid case for final hearing has been supplied to this court, the same is taken on record.
The learned counsel who is appearing on behalf of the respondent no.4 also submits that the respondent no.4 has already filed her affidavit in the aforesaid divorce proceeding which has been annexed as Annexure-3 to the writ petition. She has also no objection in case the present proceeding of the aforesaid case may be quashed against the petitioners as she does not want to prosecute them.
We have considered the submission of the learned counsel for the petitioners and gone through the record. The learned counsel for the respondent no. 4 has admitted that the latter has already received Rs. 13,50,000/- from the petitioner, thus she wants to withdraw the aforesaid criminal case.
In view of the decision of Apex Court in the case of B. S. Joshi Vs. State of Haryana & others 2003 (46) ACC Page 779 (S.C.), this Court is empowered to quash criminal proceedings of FIR or complaint in exercise of its discriminatory or inherent powers at the initial stage where the parties have arrived at settlement agreement of their matrimonial disputes.
Considering the aforesaid facts and circumstances, and in the light of the above mentioned decision of the Apex Court, this Court is of the view that, no purpose will serve to keep this matter pending, as both the parties have entered into a compromise and they have amicably settled their matrimonial disputes. There is no further matrimonial disputes remained between them in pursuance of the said compromise and the opposite party no. 4 does not want to contest the matter furthermore. Therefore, in the above conspectus the first information report lodged against the petitioners as case Crime No. 70 of 2018, under Sections 498-A, 323, 504, 506, 313, 354-B I.P.C. and 3/4 D.P. Act, police station Mahila Thana, district Ghaziabad is hereby quashed.
Accordingly, the petition is disposed of in terms of the compromise and it is expected that the parties shall also abide the terms of the compromise.
Order Date :- 28.2.2019 Shahnawaz