Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 21781 of 2018 Petitioner :- Puneet Puri Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Imran Ibrahim,Anurag Vajpeyi Counsel for Respondent :- G.A.,Shivam Shukla
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned AGA for the State-respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 20.6.2018, registered as Case Crime No. 570 of 2018 at P.S. Surajpur, District Gautam Budh Nagar, under Section 498-A IPC.
Considering that the matter had emanated from matrimonial dispute, vide order dated 10.8.2018, the matter was referred to the Mediation Centre of this Court for exploring possibility of settlement between the parties.
Pursuant to the order of this Court dated 10.8.2018, the Mediation Centre of this Court has submitted its report dated 08.01.2019 disclosing that mediation was completed and parties have arrived at a settlement. The settlement agreement dated 8.1.2019 signed by the petitioner no. 1 (Puneet Puri) and the respondent no. 3 (wife-Smt. Shalini Puri) and countersigned by the learned counsel for the parties, has been placed before us under the report of Mediation Centre. The relevant terms and conditions of the settlement agreements are contained in paragraph nos 6 & 7 of the settlement agreement dated 8.1.2019, which are extracted below:
"6. The following settlement has been arrived at between the parties hereto:-
(a) That Sri Puneet Puri (petitioner-husband) and Smt Shalini Puri (Respondent No. 3-wife) have already entered into a settlement and drawn a notarized Memo of Understanding on 4.1.2019. Copy of the said Memo of Understanding signed by both the parties is being annexed to this settlement agreement for kind perusal of the Hon'ble Court.
(b) That the parties have stated to the mediators that the aforesaid Memo of Understanding includes all terms and conditions of their settlement.
(c) That the contents of aforesaid Memo of Understanding have been read over to the parties in presence of their respective counsels and they reaffirm and reiterate the terms and conditions stated t herein and accordingly undertake to abide by the same. Accordingly, the parties have no grievance against each other.
(d) That it has been agreed between the parties that if the Hon'ble Court is pleased to allow the Criminal Misc Writ Petition No. 21781 of 2018, on the terms and conditions of this settlement as well as conditions mentioned in aforesaid Memo of Understanding the respondent no. 3 will have no objection in any manner whatsoever.
7. By signing this Agreement the Parties hereto state that the Criminal Misc Writ Petition No. 21781 of 2018 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
In view of the settlement agreement between the parties and keeping in mind the law laid down by the Apex Court in B.S. Joshi and others vs. State of Haryana and others 2003 (4) SCC 675 and Gian Singh vs. State of Punjab (2012) 10 SCC 303, wherein it has been laid down that in matrimonial matters, on the basis of compromise, criminal proceeding can be quashed, we deem it appropriate to allow this writ petition and quash the FIR dated dated 20.6.2018, registered as Case Crime No. 570 of 2018, under Section 498-A IPC at Police Station- Surajpur, District Gautam Budh Nagar.
The writ petition stands allowed as indicated above.
Order Date :- 30.1.2019 RavindraKSingh