Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 21186 of 2017 Petitioner :- Satya Prakash And 2 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Subedar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
This petition has been filed challenging the first information report dated 5.7.2017 giving rise to case crime no.0660 of 2017 u/s 498A, 323, 307 IPC and 3/4 DP Act PS Highway District Mathura.
The dispute being in essence matrimonial, was referred to the Allahabad High Court Mediation and Conciliation Centre by our order dated 7.10.2017 in order to resolve their differences amicably. A settlement agreement has been arrived at between them on 7.4.2018 which has been forwarded to this Court along with a report of the Centre. We have perused the settlement agreement dated 7.4.2018 and find it to be lawful and not against public policy in any manner. 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.
Accordingly, the writ petition succeeds and is allowed. The impugned FIR registered as case crime no.0660 of 2017 u/s 498A, 323, 307 IPC and 3/4 DP Act PS Highway District Mathura is hereby quashed. Consequences shall follow.
It is provided that each of the terms incorporated in paragraph 6(a) to (e) of the settlement agreement dated 7.4.2018 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 :- 30.4.2018 SP