Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5905 of 2018 Petitioner :- Sanni Malik And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Chandra Dwivedi,Amar Nath Singh,Jay Babu Kesharwani,A.N.Singh Counsel for Respondent :- G.A.,Saurabh Tiwari,Saurabh Trivedi
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Supplementary affidavit filed in Court today is taken on record.
Heard learned counsel for the petitioner along with learned A.G.A. Learned counsel for the private respondents is not present.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the FIR dated 22.2.2018 registered as Case Crime No. 0075 of 2018, under Section 498-A, 323, 504, 506, 376, 511 IPC & 3/4 D.P.
Act, P.S. Mahila Thana, District Ghaziabad.
The dispute being in essence matrimonial, was referred to the Allahabad High Court Mediation and Conciliation Centre vide order of this Court dated 12.3.2018 in order to resolve their differences amicably.
We have perused the supplementary affidavit filed today before this Court. In paragraph No.2 of the said affidavit, it has been stated that the matrimonial dispute has been amicably settled out side the Court and they have entered into a compromise, which has been annexed as Annexure No. SA-1 to the affidavit.
Accordingly, no useful purpose would be served by permitting investigation pursuant to the impugned FIR to continue. Any further investigation would be an abuse of process of Court and wastage of public time and money.
In view of above, the writ petition succeeds and is allowed as prayed for.
The impugned FIR registered as Case Crime No. 0075 of 2018, under Section 498-A, 323, 504, 506, 376, 511 IPC & 3/4 D.P.
Act, P.S. Mahila Thana, District Ghaziabad, is hereby quashed.
Consequences shall follow:
It is provided that each of the terms incorporated in the settlement agreement dated 16.11.2018 annexed as Annexure No. SA-1 to the supplementary affidavit be and are made Rule of this Court. All courts subordinate to this Court shall faithfully be bound to comply with the terms of the settlement as a Rule of this Court. It is also provided that both the parties to the settlement agreement are equally bound to abide by those terms of the said settlement agreement under our orders. The aforesaid direction is being made in exercise of powers under Article 227 of the Constitution.
Order Date :- 26.11.2018 LN Tripathi