Hon'ble Rakesh Srivastava,J.
Heard learned counsel for the petitioners as well as learned A.G.A. for the State.
In both these writ petitions same impugned FIR has been challenged, one petition (Writ Petition No.16376 MB of 2018) has been filed by husband and another petition (Writ Petition No.16418 MB of 2018) by father in law as well as sister in law.
By means of these writ petitions the petitioners seek issuance of certiorari for quashing FIR in Case Crime No.357 of 2017, under Section 504, 498-A IPC & 3/4 Dowry Prohibition Act, Police Station Qaiserbagh, District Lucknow.
Learned counsel for the petitioners as well as learned A.G.A. inform that the court vide order dated 30.5.2018 had referred the matter to the Mediation & Conciliation Centre, High Court, Lucknow Bench, Lucknow to find out in case parties agree to outside settlement. The operative portion of order dated 30.5.2018 is reproduced below:
"Since we are attempting to get the matter between the parties, resolved through the process of mediation, we hereby provide that till the next date of listing the petitioner shall not be arrested in connection with impugned First Information Report dated 22.12.2017, lodged at Case Crime No. 0357 of 2017, under Section 504,498A I.P.C. & 3/4 Dowry Prohibition Act, Police Station Qaiserbagh, District Lucknow."
Learned counsel for the petitioners informs that the mediation between the parties has been successful. In this regard settlement agreement dated 1.11.2018 has been brought on record. In terms of conditions of settlement of agreement it has been agreed that Case Crime No.357 of 2017, under Sections 504, 498-A IPC and Section 3/4 Dowry Prohibition Act, Police Station Qaiserbagh, lucknow lodged by second party and case at Police Station Tanglin Division, Singapore bearing no.E/20171007/2054 filed by second party shall be withdrawn. In addition to above if there is any other case they shall also be withdrawn by respective parties. The parties have agreed that they will facilitate the family court or the appropriate court to pass a decree of divorce with mutual consent. The case in hand viz. Crime No.357 of 2017 is one of the cases which has been agreed to be withdrawn by the concerning parties.
In view of the Apex Court judgments in the cases of Gyan Singh Vs. State of Punjab and another; 2012 Vol 10 SCC303 and B.S. Joshi and another Vs. State of Haryana; 2003 Vol 4 SCC 365 in matrimonial disputes FIR can be quashed on the basis of mutual settlement in non-compoundable offences.
Keeping in view the law laid down by Apex Court and considering the effect of the settlement agreement between the parties the writ petitions are hereby allowed. The impugned FIR in Case Crime No.357 of 2017, under Section 504, 498-A IPC & 3/4 Dowry Prohibition Act, Police Station Qaiserbagh, District Lucknow and consequential proceedings are hereby quashed.
Let a copy of this order be forwarded to the concerning Court and Police Station for appropriate action.
Order Date :- 27.11.2019 Anurag