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2025 DAILYLAW 31942 (ALL)

PRAVEEN AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/8577/2023 · 2025-05-13

Madan Pal Singh, Siddhartha Varma

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Judgment text

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Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 8577 of 2023 Petitioner :- Praveen And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajive Kumar,Vijay Kumar Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1.Heard learned counsel for the parties. 2. The instant writ petition has been filed for quashing of the First Information Report dated 05.05.2023 giving rise to case crime No. 48 of 2023, under Sections 498-A, 323, 504, 506, 354, 307 of IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Baghpat. 3. The petitioners who were accused in the case had filed the instant writ petition for quashing the first information report. When the case was taken up as a fresh case, the Court had passed the following order on 01.06.2023:- "a. Heard learned counsel for the petitioners and learned A.G.A. for the State. b. This petition has been filed to quash the first information report dated 05.05.2023, registered as Case Crime No. 048 of 2023, under Sections 498A, 323, 504, 506, 354, 307 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Baghpat. c. Submission of learned counsel for the petitioners is, marriage between petitioner no. 1 and opposite party no. 4 took place on 09.12.2021; there is some matrimonial discord between them; hope has been expressed, the same may be resolved through mediation. Therefore, the matter may be referred to the Mediation Centre of this Court. d. It is directed that the petitioner no. 1 shall deposit a sum of Rs. 25,000/- within a period of two weeks with the Mediation Centre, of which Rs. 20,000/- shall be paid to the opposite party no.4/Smt. Sakshi (wife of the petitioner no. 1) for appearance before the Mediation Centre on a date to be fixed by the Mediation Centre. Balance Rs. 5,000/- shall be retained by the Mediation Centre towards its expenses. e. The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to the petitioner no. 1 and opposite party no.4. f. It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench. g. Subject to the petitioner no. 1 depositing the amount of Rs. 25,000/- as above, till the next date of listing, further proceedings against the petitioners in pursuance of the aforesaid case shall be kept in abeyance.8. After depositing the amount, aforesaid, notice shall be issued to the petitioner no. 1 and opposite party no.4 and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated." 3. The Mediation Centre by its report dated 28.7.2023 informed that the mediation did not take place as the petitioner had not deposited the money. However, during the pendency of the writ petition, the parties entered into a compromise and the compromise was filed along with the Short Counter Affidavit on 31.03.2025. The compromise which was filed along with the short counter affidavit was sent to the Investigating Officer for verification and the Investigating Officer has, today, sent the report to the learned AGA which was passed on to us by the learned AGA. As per the report, the parties had entered into a settlement with regard to the case filed and, therefore, the writ petition deserves to be allowed. 4. In view of the above, the writ petition is allowed. Consequently, the impugned First Information Report dated 05.05.2023 giving rise to Case Crime No.48 of 2023, under Sections 498-A, 323, 504, 506, 354, 307 of IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Baghpat, is hereby quashed. Order Date :- 14.5.2025 vkj Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad