Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5051 of 2018 Petitioner :- Suresh Singh @ Suresh Singh Pal And 4 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ramesh Chandra Pal Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Sri Ravi Kant Shukla Advocate has put in appearance on behalf of respondent no.3.
Heard learned counsel for the parties.
The record shows that this matter was referred to the mediation centre vide order dated 27.2.2018. The report of mediation centre shows that the mediation has been completed and parties have entered into compromise. A settlement agreement has been arrived at between them on 23.5.2018 which has been forwarded to this Court along with a report of the Centre. As per clause 6(b) of the said settlement agreement parties have decided to reunite and live together as husband and wife. We have perused the settlement agreement dated 23.5.2018 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.1463 of 2017 u/s 498A, 323, 504, 506 IPC and ¾ Dowry Prohibition Act PS Bhoganipur District Rama Bai Nagar is hereby quashed. Consequences shall follow.
It is provided that each of the terms incorporated in paragraph 6(a) to (g) of the settlement agreement dated 23.5.2018 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 :- 31.5.2018 SP