Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 30390 of 2018 Petitioner :- Saurabh Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Sarwar Khan Counsel for Respondent :- G.A.,Subhendra Singh
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Sri Subhendra Singh, learned counsel for the private respondent no.3 is not present though the matter has been taken up in the revised list.
Heard Sri Mohd. Sarwar Khan, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner with a prayer to quash the impugned FIR dated 19.9.2018, registered as case crime No.614 of 2018, under Sections 498A, 323, 504, 506, 377, 307 I.P.C. and 3/4 D.P.
Act, P.S. Shivpur, District Varanasi.
This matter was referred to Mediation & Conciliation Centre of this Court by order dated 26.10.2018.
From the perusal of the report of the Mediation & Conciliation Centre of this Court dated 12.4.2019, it transpires that the mediation between the parties has succeeded and the parties have entered into settlement agreement before Mediation & Concealiation Centre of this Court on 12.4.2019. 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 12.4.2019 and according to clause 6(g) 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.
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 12.4.2019 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