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2025 DAILYLAW 105039 (ALL)

MADHU SUREKA AND 3 OTHERS v. State of UP AND 3 OTHERS

CRLP/19132/2024 · 2025-05-22

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87798-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 19132 of 2024 Petitioner :- Madhu Sureka And 3 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Samarth Sinha,Vijay Sinha Counsel for Respondent :- G.A.,Ritesh Dwivedi Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Upon a misunderstanding a dispute had arisen between the parties and therefore, the respondent no.4 had lodged a first information report on 07.09.2024 which gave rise to Case Crime No. 408 of 2024, under sections 351(2), 352 B.N.S., 2023 & Section 3/4 Dowry Prohibition Act, Police Station Naubasta, Commissionerate Kanpur Nagar. The petitioner had filed the instant writ petition. The instant matter was referred to the Mediation Centre of this Court vide order dated 23.10.2024. Before the mediator on 18.03.2025 a settlement agreement was entered into between the parties. The relevant portion of the settlement agreement which is contained in paragraph No.7 is being reproduced as under:- "7. a. That both the parties have agreed to settle their dispute amicably on the conditions that the petitioners will pay an amount of Rs.8,25,000/- (Rupees Eight Lakh Twenty Five Thousand only) to the Respondent No.4. b. That today i.e. 18-03-2025, the Petitioners has produced a demand draft bearing no. 293834 dated 10.03.2025 for Rs.8,25,000/- (Rupees Eight Lakh Twenty Five Thousand Only) drawn on UCO Bank issued in favour of Sarita Agarwal (Respondent No.4) and the same is being handed over to the Respondent No.4-Sarita Agarwal and she has acknowledged the receipt of the same. c. That both the parties agree that after the payment of aforesaid amount, no claims or liability hereinafter exits between the parties regarding the present dispute in any manner whatsoever. d. That it has also been agreed between the parties that all civil and criminal cases filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. e. That the parties will not file any fresh case against each other in respect of this dispute. They have no claim against each other in future also". 2. Since, the parties have now settled the matter amicably, no useful purpose would be served by continuing with the investigation in pursuance of the First Information Report dated 07.09.2024 giving rise to Case Crime No. 408 of 2024, under sections 351(2), 352 B.N.S., 2023 & Section 3/4 Dowry Prohibition Act, Police Station Naubasta, Commissionerate Kanpur Nagar. 3. Under such circumstances, the First Information Report dated 07.09.2024 giving rise to Case Crime No.408 of 2024, under sections 351(2), 352 B.N.S., 2023 & Section 3/4 Dowry Prohibition Act, Police Station Naubasta, Commissionerate Kanpur Nagar is quashed 4. This order was passed in the presence of Sri Ritesh Dwivedi, learned counsel for respondent no.4. 5. The writ petition stands allowed. Order Date :- 23.5.2025 Neeraj (Madan Pal Singh, J.) (Siddhartha Varma, J.) Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad