Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 29238 of 2018 Petitioner :- Ravindra Nishad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Sumer Chaudhary Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri R.S.Chaudhary, learned counsel for the petitioners, Sri Gaurav Pratap Singh,, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the impugned First Information Report dated 12.8.2018, registered as case crime No.880 of 2018, under Sections 120B, 363, 376, 420 I.P.C. and 3/4 POCSO Act, P.S. New Agra,District Agra.
This matter was referred to Mediation & Conciliation Centre of this Court by order dated 11.10.2018.
From the perusal of the report of the Mediation & Conciliation Centre of this Court dated 27.2.2019, 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 27.2.2019. The original settlement agreement is on the record of this Case.
Learned counsel for the petitioner submitted that since the matrimonial dispute between the parties from which the impugned FIR emanates has been amicably settled before the mediation centre of this Court and the parties have entered into a settlement agreement on 27.2.2019 and according to clause 6(h) 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 does not dispute the submissions made by the learned counsel for the petitioner.
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 27.2.2019 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 FIR is quashed and the writ petition is allowed subject to fulfillment of the column mentioned in the aforesaid agreement/settlement.
There shall however be no order as to costs.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 28.11.2019/NS