Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 29179 (ALL)

AKASH BANA AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/4772/2025 · 2025-08-12

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:138006-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 4772 of 2025 Petitioner :- Akash Bana And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyam Narayan Counsel for Respondent :- Amul Kumar Tyagi,G.A. Hon'ble Siddhartha Varma,J. Hon'ble Abdul Shahid,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the petitioners, learned counsel for the first-informant and the learned A.G.A. for the State- respondents. 3. This writ petition has been filed for quashing the FIR dated 21.1.2025 giving rise to Case Crime No. 22 of 2025, under Sections 498A, 323, 354 (Kha) of IPC and Section 3/4 of D.P. Act, Police Station Mundali, District Meerut. 4. When there was a matrimonial dispute between petitioner no.1 and daughter of respondent no.3, then a FIR was lodged by the respondent no. 3. The dispute being matrimonial one, the matter was referred to Allahabad High Court Medication and Conciliation Centre, wherein on 15.5.2025, the Mediators brought on record a successful settlement between the parties and the settlement arrived at between the parties is contained in paragraph no. 7 of the settlement agreement made. Paragraph No. 7 of the agreement is being reproduced below: “7. The following settlement has been arrived at between the parties hereto:- (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 1 of 2 Act before the Learned Principal Judge, Family court, Hapur and the same is registered as Matrimonial Petition No. 619/2024 ( Smt. Tanu and Akash Bana) in which the Principal Judge Family court, Hapur has passed the judgment dated 28.4.2025 granting divorce to the parties. The parties undertake that they shall produce the certified copy of the judgement passed in the divorce petition before the Hon'ble 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. 2,50,000/- (Rs.Two Lakh Fifty Thousand only) to the wife towards permanent alimony including Stridhan, maintenance and all her other financial claims. After receiving this amount the wife shall not stake of any other claim of any nature whatsoever, claiming any further assistance/maintenance from the husband and she also undertakes that she shall not stake any claim in the property of husband or his family members. (c) That both the parties state that the aforesaid agreed amount of permanent alimony including Stridhan i.e. Rs. Two Lakh Fifty Thousand, has already been paid by the husband to the wife and the wife acknowledges the receipt of the same. (d) 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. (e) That the parties will not file any fresh case against each other in respect of this matrimonial dispute." 5. A divorce decree dated 28.4.2025 has also been filed today by the learned counsel for the petitioner. Since, now the matter has been amicably settled between the parties, we are of the view that the dispute between them be buried and, accordingly, the impugned FIR dated 21.1.2025 giving rise to Case Crime No. 22 of 2025, under Sections 498A, 323, 354 (Kha) of IPC and Section 3/4 of D.P. Act, Police Station Mundali, District Meerut, is quashed and the writ petition stands allowed. Order Date :- 13.8.2025 sfa/ 2 of 2 Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad