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Neutral Citation No. - 2025:AHC:71007-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 7373 of 2022 Petitioner :- Dinesh And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Yadav Counsel for Respondent :- G.A.,Jugal Kishor Khanna,Sunil Kumar Saroj Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. Heard Sri Rajesh Yadav, learned counsel for the petitioners, learned A.G.A. for the State-respondents and learned counsel appearing on behalf of respondent no.3. 2. The instant writ petition has been filed for quashing of the First Information Report dated 11.04.2022 giving rise to Case Crime No. 0164 of 2022, under Sections 506, 354Kha, 354, 323, 498-A IPC and Section 3/4 Dowry Prohibition Act, 1961, Police Station - Thakurdwara, District - Moradabad. 3. When the writ petition, for quashing of the FIR, was filed before this Court, the Court vide its order dated 14.06.2022 had referred the matter to the Mediation & Conciliation Centre of the Allahabad High Court, wherein on 26.04.2023 settlement/agreement was entered into between the petitioners and respondent no.3. The agreement was entered as is contained in paragraph no.7 of the settlement/agreement dated 26.04.2023, wherein, it has been stated that all cases civil & criminal filed by the parties against each other would be withdrawn by the parties. The paragraph no.7 of the settlement/agreement dated 26.04.2023 of the Mediation & Conciliation Centre, High Court Allahabad is reproduced
hereunder:-
"7. In view of the Interim Settlement Agreements dated 15.03.2023. The following settlement has been arrived at between the Parties hereto:- a. That the parties have already settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Moradabad and the same is registered as divorce Petition No.323 of 2023. The certified copy of the aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of this Hon'ble Court. b. That it has been agreed between the parties that the Petitioner-husband shall pay one time settlement amount of Rs.2,00,000/- (Rupees Two Lakh only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft. c. That on 15.03.2023, the Petitioner-husband has produced a demand draft bearing no.
884680 dated 14.03.2023 for Rs.50,000/- (Rupees Fifty Thousand only) drawn on IndusInd Bank Limited in favour of Raj Nandani (wife) and the same has been handed over to the wife today i.e. 26.04.2023 and she has acknowledged the receipt of the same. d. That today i.e. 26.04.2023, the applicant-husband has handed over another demand draft bearing no. 884690 dated 24.04.2023 for Rs.50,000/- (Rupees Fifty Thousand only) drawn on IndusInd Bank Limited in favour of Raj Nandani (wife) and she has acknowledged the receipt of the same e. That it has been agreed between the parties that the remaining amount i.e. Rs.1,00,000/- (Rupees One Lakh only) shall be paid by Dinesh (Petitioner No.1-Husband) to Smt. Rajnandani (Respondent No.3-Wife) at the time of final judgment in Case No. 323 of 2023 pending in the Court of Principal Judge, Family Court, Moradabad by way of demand draft. f. That as per Para 7 (e) of the interim settlement dated 15.03.2023, the petitioner-husband handed over a "Maruti Celerio Car bearing Registration No. UP 21 CJ 2206 to Smt. Rajnandani (Respondent No.3-Wife) on the date
of filing of divorce petition before Family Court, Moradabad and he has acknowledged the receipt of the same g. That it has also been agreed between the parties that all civil and criminal cases filed by them against each other 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. They have no claim against each other in future also. i. That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse."
4. It has been informed by the learned A.G.A. that after investigation a charge-sheet had also been submitted by the police on 05.06.2024. 5.
In view of the above, the writ petition is allowed. Consequently, impugned First Information Report dated 11.04.2022 giving rise to Case Crime No. 0164 of 2022, under Sections 506, 354Kha, 354, 323, 498-A IPC and Section 3/4 Dowry Prohibition Act, 1961, Police Station - Thakurdwara, District - Moradabad, is hereby quashed. Since the matter has been amicably settled, the charge- sheet dated 05.06.2024 is also quashed. Order Date :- 5.5.2025 M.S. Ansari (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad