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2025 DAILYLAW 40814 (ALL)

SMT ARUNA AND 2 OTHERS v. State of U.P. AND 2 OTHERS

CRLP/4863/2024 · 2025-04-24

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63713-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 4863 of 2024 Petitioner :- Smt Aruna And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Kumar Agarwal Counsel for Respondent :- G.A.,Shailendra Kumar Tripathi Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard learned counsel for the petitioners, Sri Naveen Tiwari holding brief of Sri Shailendra Kumar Tripathi, learned counsel for the informant and learned A.G.A. for the State-respondents. 2. This writ petition has been filed for quashing of the First Information Report dated 06.03.2024 and not to arrest the petitioners giving rise to Case Crime No. 159 of 2024, under Section 498-A, 328, 376, 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Kotwali Kannauj, District - Kannauj. 3. This writ petition has been filed when there was a dispute between petitioner no.3 and respondent no.3 even before the marriage was solemnized. The first information report was lodged by the respondent no.3 against the petitioners saying that the boy's side demanded dowry and committed other offences as well. On 01.04.2024, the matter was referred to the mediation centre and a settlement was arrived at between the parties. The settlement was to be found in paragraph no.7 of the settlement agreement dated 06.06.2024 and the same is being reproduced as under : "7. The following settlement has been arrived at between the Parties hereto: a) That the parties have amicably settled their dispute on the conditions that Petitioner No. 3 shall pay an amount of Rs.10,00,000/- (Rupees Ten Lakh only) to the Respondent No. 3. b) That today Le. 06.06.2024 the petitioner no. 3 has handed over a demand draft bearing no. 298333 dated 03.06.2024 for Rs. 10,00,000/- (Rupees Ten Lakh only) drawn on State Bank of India in favour of Sonal Shukla (Respondent No. 3) and she has acknowledged the receipt of the same. c) That now no amount is continued as against any of the parties either to be taken from each other. d) That in view of the above, if the Hon'ble Court pleases to allow the Criminal Misc. Writ Petition No. 4863 of 2024, the Respondent No. 3 shall have no objection in any manner whatsoever. e) That it has also been agreed between the parties that apart from the case mentioned above, 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. f) 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." 4. Since, now the parties have settled their dispute amongst themselves and they have agreed to withdraw all civil and criminal cases pending in various Courts against each other, the instant writ petition is allowed and the FIR dated 06.03.2024 which has given rise to Case Crime No.159 of 2024, under Sections 498-A, 328, 376, 506 I.P.C. is quashed. Order Date :- 25.4.2025 Priya (Madan Pal Singh, J.) (Siddhartha Varma, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad