Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 27870 of 2018 Petitioner :- Vipin Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Chandra Uttam,Dharmendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Ram Chandra Uttam, learned counsel for the petitioner and Sri Gaurav Pratap Singh, learned A.G.A 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 F.I.R. dated 4.9.2018 in Case Crime No. 139/2018, under Sections 498-A, 323, 506, 494 IPC Section 3/4 D.P Act, P.S. Sujanganj District Jaunpur.
This matter was referred to Mediation & Conciliation Centre of this Court by order dated 4.10.2018.
From the perusal of the report of the Mediation & Conciliation Centre of this Court dated 7.5.2019, it transpires that the mediation between the parties has succeeded and the parties have entered into settlement agreement before Mediation & Conciliation Centre of this Court on7.5. 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 7.5.2019 and according to clause 6 (h) of the settlement agreement parties have agreed to withdraw all the criminal cases filed by them against each other, the impugned FIR is liable to be quashed.
Learned counsel appearing for the respondent does not dispute the submissions made by learned counsel for the petitioner.
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 7.5.2019 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 fulfilment of the column mentioned in the aforesaid agreement/ settlement.
There shall however be no order as to costs.
Order Date :- 27.11.2019 Nadeem Ahmad (Ajit Kumar,J.) (Ramesh Sinha,J.)