Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1469 of 2019 Petitioner :- Tarun Tyagi And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Tiwari Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Sri Bhuvnesh Kumar Singh, learned counsel who has put in appearance on behalf of the first informant/respondent no.3, has filed a short counter affidavit on behalf of the respondent no.3, sworn by Smt. Shivani Tyagi, is taken on record.
Heard Sri Abhishek Tiwari, learned counsel for the petitioner, Sri Bhuvnesh Kumar Singh, learned counsel for the first informant/respondent no.3 and Sri R. K. Maurya, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.116 of 2018, under Sections 498-A, 323, 504, 506, 377, 376, 354-B, IPC and 3/4 D.P. Act. Police Station Mahila Thana, District Bijnor.
Learned counsel for the petitioners submits that the matter has been settled between the parties and a compromise has been taken place between the parties, copy of which is annexed at page no. 18 to the writ petition.
The counsel for the respondent no.3 submits that the respondent no.3 does not want to pursue the matter in pursuance of the FIR. In paragraph no.4 of the short counter affidavit it has been mentioned that dispute has already been settled between the parties. He further submits that the respondent no.3 has filed marriage petition No. 1513 of 2018, under Section 13-B of Hindu Marriage Act before the Principal Judge Family Court, Bijnor and prayed for dissolving the marriage. He further submits that in paragraph no.5 of the short counter affidavit it has been mentioned that the impugned FIR may be quashed in the light of compromise taken place between the parties.
In view of the fact that the husband and wife do not want to pursue the case any further as stated by them. The matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 15.12.2018, therefore, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), the proceedings of the aforesaid case is hereby set aside.
The present application is accordingly allowed in view of the compromise.
The FIR dated 01.11.2018, registered as Case Crime No.116 of 2018, under Sections 498-A, 323, 504, 506, 377, 376, 354-B, IPC and 3/4 D.P. Act. Police Station Mahila Thana, District Bijnor, is hereby quashed.
Order Date :- 21.1.2019 VKG