Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14624 of 2017 Petitioner :- Sri Sumit Modi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kiran Kumar Arora Counsel for Respondent :- G.A.,Tapan Kumar Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Sri T.K.Mishra, learned counsel for the caveator is not present though the matter has been taken up in the revised list.
Heard Sri K.K.Arora, learned counsel for the petitioners, Sri Ashish Pandey, learned AGA for the State and perused the impugned FIR 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 9.6.2017, registered as Case Crime No.40 of 2017, under Sections 498A, 376, 511, 504 IPC and Section 3/4 D.P.Act, Police Station Mahila Thana, District Meerut.
This matter being matrimonial in nature was referred to Mediation & Conciliation Centre of this Court by Coordinate Bench of this Court vide order dated 28.7.2017.
From the perusal of the report of the Mediation & Conciliation Centre of this Court dated 17.12.2017, 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 17.12.2017. 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 17.12.2017 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 AGA appearing for the respondent does not dispute the submissions made by the learned counsel for the petitioners.
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 on17.12.2017 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.
There shall however be no order as to costs.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.2.2018/NS