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2025 DAILYLAW 2093 (ALL)

ANAND PRAKASH SINGH @ ANAND SINGH AND 2 OTHERS v. STATE OF UP AND 2 OTHERS

CRLP/15148/2025 · 2026-04-19

Achal Sachdev, J J Munir

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 15148 of 2025 Court No. - 47 HON'BLE J.J. MUNIR, J. HON'BLE ACHAL SACHDEV, J. This matter was mentioned in the morning to be taken up on urgency shown, which was accepted. It is, accordingly, taken up out of turn. Heard Mr. Vibhu Rai, learned counsel for the petitioners, Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate on behalf of the State and Mr. Vipin Kumar Singh, learned counsel appearing for respondent no. 3, the first informant. This writ petition has been filed seeking to quash the first information report dated 20.06.2025 giving rise to Case Crime No.0246 of 2025 under Sections 115(2), 352, 351(2) B.N.S., 2023, P.S. Kotwali, District Fatehpur. When the writ petition came up for admission on 17.07.2025, the Division Bench of this Court referred the parties to Mediation Centre, Allahabad High Court finding that the dispute was essentially matrimonial in nature. Before the Mediation Centre, there were long winded proceedings where nine sessions were held. Happily the parties have compromised and entered into a settlement agreement dated 17.02.2026, which has been forwarded to this Court alongwith a report of the Mediation Centre of the same day. The terms of settlement arrived at between parties are carried in paragraph no. 7 of the settlement agreement, in its various clauses, which read : "7. In view of the Interim Settlement Agreement dated 03.02.2026, the following settlement has been arrived at between the Parties hereto :- Versus Counsel for Petitioner(s) : Dhananjai Rai, Vibhu Rai Counsel for Respondent(s) : G.A., Vipin Kumar Singh Anand Prakash Singh @ Anand Singh And 2 Others .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) a) That both the parties have agreed to live separately and mutually settled to dissolve their relationship as husband and wife and in this regard they have filed a joint petition u/s 13-B of the Hindu Marriage Act before the learned Principal Judge, Family Court, Fatehpur and the same is registered as Petition No. 97/2026 (Amit Singh Chauhan alias Amit Singh and Sneha Singh). The parties undertake to produce the certified copy of the divorce petition before the Hon'ble Allahabad High Court at the time of hearing. b) That it has been agreed between the parties that the husband shall pay an amount of Rs.25,00,000/- (Rs. Twenty Five Lakh only) to the wife towards permanent alimony including Stridhan, maintenance and all her other financial claims. c) That after receiving the aforesaid agreed amount, the wife shall not claim any financial assistance from the husband and also not stake any claim in the property of husband or his family members. d) That on 03.02.2026, at the time of interim settlement agreement, the husband had produced a demand draft bearing no.006813 dated 29.01.2026 for Rs.6,25,000/- (Rs. Six Lakh Twenty Five Thousand only) drawn on HDFC Bank issued in the name of Sneha Singh (wife) which was kept on record and the same has been handed over today i.e.17.02.2026, to the wife and the wife acknoweldges the receipt of the same. e) That today, the husband has produced a demand draft before the Centre, bearing D.D. No.006837 dated 12.02.2026 for Rs.6,25,000/- (Rs. Six Lakh Twenty Five Thousand only) drawn on HDFC Bank in favour of Sneha Singh (wife) and the same has been handed over to the wife and the wife acknowledges the receipt of the same. f) That it has been agreed between the parties that the remaining amount i.e. Rs.12,50,000/- (Rs. Twelve Lakh Fifty Thousand only) shall be paid by the husband to the wife at the time of final judgment in Petition No. 97/2026 (Amit Singh Chauhan alias Amit Singh and Sneha Singh) pending before the learned Principal Judge, Family Court, Fatehpur, by way of demand draft. g) That it has also been agreed between the parties that all civil and criminal cases filed by them against each other or their family members regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. h) That the parties will not file any fresh case against each other in respect of this matrimonial dispute." CRLP No. 15148 of 2025 2 Now that the parties have entered into a settlement agreement, permitting the investigation or proceedings in the Court on the basis of the impugned F.I.R. to continue would be an abuse of process of court and wastage of public time and money. Mr. Shashi Shekhar Tiwari, learned Additional Government Advocate upon being asked to disclose the State's stand in the matter, says that he has no objection since the State is not the forerunner of the prosecution. Accordingly, this writ petition succeeds and is allowed. The impugned F.I.R. dated 20.06.2025 giving rise to Case Crime No.0246 of 2025 under Sections 115(2), 352, 351(2) B.N.S., 2023, P.S. Kotwali, District Fatehpur, is hereby quashed. The Chief Judicial Magistrate, Fatehpur, shall cause an entry to be made in the general diary of P.S. Kotwali, District Fatehpur in red ink that Case Crime No.0246 of 2025,under Sections 115(2), 352, 351(2) B.N.S., 2023, P.S. Kotwali, District Fatehpur has been quashed on the orders of this Court. April 20, 2026 KS/Zafar CRLP No. 15148 of 2025 3 (Achal Sachdev,J.) (J.J. Munir,J.) Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad