Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 18871 of 2015 Petitioner :- Sunny Bhola And 11 Ors Respondent :- State Of U.P. And 2 Ors Counsel for Petitioner :- H.N. Singh,O.P. Singh,S.K. Rao Counsel for Respondent :- Govt.Advocate,Chandan Sharma,Ravindra Sharma
Hon'ble Bala Krishna Narayana,J. Hon'ble Mrs. Vijay Lakshmi,J.
Heard Sri O.P. Singh, learned Senior Advocate assisted by Sri S. K. Rao, learned counsel for the petitioners, Sri Abhishek Rai holding brief of Sri Chandan Sharma, learned counsel for the respondent no. 3 and learned AGA for the State.
This writ petition has been filed by the petitioners with prayer to issue a writ order or direction in the nature of certiorari, quashing the First Information Report dated 25.07.2015 registered as Case Crime No. 97 of 2015 under Section 498A, 354B, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Attar Suiya, District Allahabad. A further prayer has been made to issue a writ, order or direction in the nature of mandamus, commanding the respondents not to arrest or harass the petitioners, pursuant to the investigation of aforesaid case.
On 9.12.2016 the following order was passed:- Hon'ble Bala Krishna Narayana,J. Hon'ble Mrs. Vijay Lakshmi,J.
Heard Sri O.P. Singh, Senior Advocate assisted by Sri H.N. Singh, learned counsel for the petitioners, Sri Sandip Shukla, learned counsel for the respondent no. 3 and Sri A.N. Mulla, learned AGA for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ order or direction in the nature of certiorari, quashing the First Information Report dated 25.07.2015 registered as Case Crime No. 97 of 2015 under Section 498A, 354B, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Attar Suiya, District Allahabad. A further prayer has been made to issue a writ order of direction in the nature of mandamus, commanding the respondents not to arrest or harass the petitioners, pursuant to the investigation of aforesaid case.
The instant writ petition was finally disposed of by us via order dated 5.8.2015 which runs as hereunder:-
"Supplementary affidavit filed by the learned counsel for the petitioners today in the Court is taken on record.
Heard learned counsel for the petitioners, learned AGA for the State and Sri Ravindra Sharma, learned counsel for respondent no.3.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. in case crime no. 97 of 2015 under sections 498A, 354B, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Attar Suiya, district Allahabad.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by the learned counsel for the petitioners that this F.I.R. has been lodged on account of matrimonial dispute which may be settled by way of mediation, it is directed that in case the petitioners deposit Rs.50,000/- before the Mediation and Conciliation Centre, High Court, Allahabad, within a period of 15 days from today, the Mediation Centre shall issue notice to the respondent/ victim and on the appearance of the victim- Smt. Cherry Arora before the Mediation and Conciliation Centre, High Court, Allahabad, an amount of Rs. 48,000/- shall be given to her by way of expenses out of the aforesaid deposited amount.
The mediation proceedings shall be concluded within a period not exceeding three months from the date of initiation of the proceedings. Till the conclusion of the mediation proceedings, the petitioners shall not be arrested by the I.O.
In case the mediation succeeds, the parties shall file the settlement agreement, if any, before the I.O., who shall thereafter consider the appropriateness of submitting a final report in this case on the basis of the compromise and the one evidence collected during the investigation and the Magistrate concerned may also pass an appropriate order in this regard after giving opportunity of hearing to the complainant.
It is further directed that in case the petitioners do not deposit the aforesaid amount within stipulated period or the mediation fails, it shall be open to the I.O. to make their arrest.
It is further directed that in case the mediation fails and the petitioners appear before the Court concerned within fifteen days thereafter and apply for bail, the same shall be heard and disposed of in view of the case of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755, which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (4) S.C.C. 437.
With this direction, this petition is finally disposed of."
Thereafter, an application was moved on behalf of the petitioners before this Court inter-alia with the prayer to recall the order dated 5.8.2015 passed by this Court in this case by which this writ petition was finally disposed of with certain directions; and to grant two weeks' further time to the petitioners for appearing before the Mediation Centre. The aforesaid application was supported by affidavit of petitioner no.1, Sunny Bhola. (The said application was registered as Civil Misc. Application No.2414 of 2016.) This Court vide order dated 26.02.2016 allowed the second prayer made by the petitioners in the Civil Misc. Application No.2414 of 2016 and directed the matter to be listed again on 18.03.2016. The case could not be taken up on 18.03.2016 and eventually pursuant to an order passed by us on 11.11.2016, the matter was listed before us on 18.11.2016 on which date we passed the following order on the aforesaid application:-
"Heard Sri O.P.Singh, Senior Advocate assisted by Sri S.K.Rao, H.N.Singh, learned counsel for the petitioners, learned AGA for the State and Sri Sandip Shukla,Advocate holding brief of Sri Chandan Sharma learned counsel for the respondent no.3.
The instant writ petition has been filed by the petitioners with a prayer to quash the impugned FIR dated 25.07.2015 registered as case crime no. 97 of 2015 under Section 498A, 354B, 323, 504 IPC and Section 3/4 D.P.Act, P.S. Attar Suiya, District Allahabad. The impugned FIR emanates from a matrimonial dispute between the petitioner no.1 Sunny Bhola and respondent no.3 Cherry Arora.
In compliance of the order passed by this Court on 11.11.2016, petitioner no.1 Sunny Bhola and respondent no.3 Cherry Arora are present before this Court today and they have been duly identified by their counsel.
When this matter was taken up today, learned counsel for the parties have informed us that the matrimonial dispute between the petitioner no.1 and the respondent no.3 has been resolved and the respondent no.3 has no objection to the quashing of the impugned FIR subject to the petitioners complying with the terms and conditions to which the petitioners have orally agreed and which interalia in nutshell are; that the petitioner no.1 Sunny Bhola and petitioner no.2 Raj Kumar Bhola shall pay a sum of Rs. Nine Lakhs to the respondent no. 3 Cherry Arora in four equal quarterly installments of Rs. 2.25 lakhs each by a demand drafts drawn in favour of respondent no.3 Cherry Arora; that the first installment shall be payable by the petitioner nos. 1 and 2 to the respondent no.3 on or before 24th December 2016; that the remaining three installments shall be paid on or before 30th April 2017, 31st August 2017 and 30th December 2017; and that the possession of Bold car which was gifted by Sri Gaurav Arora maternal uncle of respondent no.3 Cherry Arora to her and her husband Sunny Bhola shall be handed over by the petitioner nos. 1 and 2 to Sri Gaurav Arora within one week from the date on which the compromise entered into between the parties reduced to writing and signed by them.
Learned counsel for the parties have undertaken to file compromise entered into between the parties alongwith their joint affidavit before this Court within two weeks.
In view of the above, let this matter be listed again on 9th December 2016.
On that date the petitioner no.1 Sunny Bhola and respondent no.3 shall again before this Court.
Considering the fact that the dispute between the parties has been amicably settled and only certain formalities are required to be completed, we direct that till the next date of listing no coercive action shall be taken against the petitioners pursuant to charge sheet submitted in case crime no. 97 of 205 under Section 498A, 354B, 323, 504 IPC and Section 3/4 D.P.Act, P.S. Attarsuia, District Allahabad on the basis of which criminal case no. 528 of 2016 has been registered against the petitioners, is pending before the A.C.J.M-VIIIth , Allahabad."
On this matter being taken up today, with the consent of the learned counsel for the parties, the order dated 5.8.2015 is recalled and the writ petition is restored to its original number in order to decide this matrimonial dispute between the petitioner no.1, Sunny Bhola and respondent no.3, Cherry Arora, in terms of the compromise which has been filed today by the parties in this Court by means of a joint affidavit of petitioner no.1, Sunny Bhola and the respondent no.3, Cherry Arora, along with an application with a prayer to decide this matter in terms of the compromise and to quash the entire proceedings of Case Crime No.
97 of 2015 u/s 498A, 354B, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Attar Suiya, District Allahabad as well as Case No.528 of 2016 (State Vs. Sunny Bhola and others), which has culminated into submission of charge-sheet no.55 of 2016 against the petitioner, on 31.05.2016, before the Chief Judicial Magistrate, Allahabad.
Paragraphs 10,11,12,13,14 and 15 of the joint affidavit of petitioner no.1, Sunny Bhola and respondent no.3, Cherry Arora, which contain the terms of compromise are being reproduced herein below:-
"10.
(a) Petitioner nos.1 and 2 shall pay a sum of Rs.9,00,000/- to the respondent no.3 in four equal quarterly installments of Rs.2,25,000/- each by a demand draft drawn in favour of respondent no.3, Cherry Arora.
(b) The first installment out of Rs.9,00,000/- shall be payable by Petitioner nos.1 and 2 to respondent no.3 on or before 24.12.2016, and the remaining three installments shall be paid on or before 30.04.2017, 31.08.2017 and 30.12.2017.
(c) It has been agreed between the parties that Car (TATA BOLT), which was gifted by Mr. Gaurav Arora, who is the maternal uncle of respondent no.3, shall be handed over by petitioner nos.1 and 2 to Mr. Gaurav Arora along with all relevant documents/ papers relating to the Car (TATA BOLT) within one week from the date on which the compromise entered into between the parties will be reduced to writing and signed by them.
11. That it has also amicably decided that the Case No.870/2015 (Sunny Bhola vs. Cherry Arora) pending in the Court of Principal Judge, Family Court, Allahabad will be withdrawn by petitioner no.1 within one week from the date of which the compromise entered into between the parties which will be reduced to writing and signed by them and thereafter the petitioner nos.1 and respondent no.2 shall file a case under Section 13-B of the Hindu Marriage Act, 1955 on the basis of mutual consent before the Principal Judge, Family Court, Allahabad within 15 days from the date when the compromise is being entered into between the parties and signed by them.
12. That it has further been resolved that the alimony amount and car on which the parties have agreed upon will be given to respondent no.3 according to the schedule so being mentioned in the present joint affidavit and after the payment/ return of the above mentioned things, respondent no.3 has no claim whatsoever upon anything on her husband's property, share, etc.
13. That it is also being resolved between the parties that after having being received the alimony amount and belongings, so mentioned above, there will be no claim of respondent no.3 in any moveable or immoveable property or share of petitioner no.1 and it is also agreed between parties that neither of the parties will lodge any case either civil or criminal in nature against each other before any competent court of law.
14. That it has also amicably been settled between the parties that the case to be filed under Section 13-B of the Hindu Marriage Act, 1955 before the competent court at Allahabad, the parties (petitioner nos.1 and 2 and respondent no.3) shall make best of their efforts to get the case decided at an earliest and will not get the matter adjourned.
15. That it has also been agreed between the parties that once a divorce petition under Section 13-B of the Hindu Marriage Act, 1955 is decreed, petitioner no.1 and respondent no.3 are free to marry any person and there will be no interference by any of the parties."
Since the matrimonial dispute between the parties, giving rise to the instant writ petition, has been settled amicably and the parties have entered into written compromise which has been filed in the Court today in the form of joint affidavit of petitioner no.1, Sunny Bhola and respondent no.3, Cherry Arora, no useful purpose shall be served in keeping this matter pending any further. However, on the request made by the Sri Sandeep Shukla, learned counsel appearing for respondent no.3, Cherry Arora, that this matter may be kept pending to ensure that the terms and conditions stipulated in the compromise entered into by the parties are fully adhered to by both the parties, we direct that this matter shall be listed again after three months.
In the meantime, in case the petitioners continue to comply with the terms and conditions of the compromise, set forth in paragraphs 10,11,12,13,14, and 15 of the joint affidavit of the parties, interim order already granted in their favour on 18.11.2016 shall continue until ordered otherwise.
Order Date :- 9.12.2016”
When this matter was taken up today, learned counsel for the petitioners and learned counsel for the respondent no. 3 made a joint request that each of the parties have fulfilled all the terms and conditions entered upon by them and in view of the above the impugned first information report and subsequent proceedings may be quashed.
In view of the above, the writ petition is allowed and the impugned first information report including all the proceedings thereof are hereby quashed.
Order Date :- 24.8.2018 Pcl