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2025 DAILYLAW 61090 (ALL)

MANJIT KUMAR v. STATE OF U.P. AND 3 OTHERS

CRLP/10534/2025 · 2025-08-21

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145639-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10534 of 2025 Petitioner :- Manjit Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Kumar Singh Counsel for Respondent :- Anand Kumar Sant,G.A. Hon'ble Siddhartha Varma,J. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and learned counsel appearing for the private respondent. 2. This writ petition has been filed for quashing of the First Information Report dated 6.5.2025 giving rise to Case Crime No. 178 of 2025, under Section 69 of B.N.S. 2023, Police Station - Saraimeer, District - Azamgarh. 3. When there was a certain misunderstanding between the petitioner and the respondent no. 4, the latter had lodged a first information report dated 6.5.2025 giving rise to Case Crime No. 178 of 2025, under Section 69 of B.N.S. 2023, Police Station - Saraimeer, District - Azamgarh. When the first information report was challenged before this Court, it had remitted the case to the Mediation Centre of the Allahabad High Court by an order dated 22.5.2025. The parties appeared before the Mediation Centre and a settlement agreement was drawn on 19.8.2025. The terms of the settlement are contain in paragraph nos. 8 and 9 of the settlement agreement and therefore they are being reproduced here as under: "8. The following settlement has been arrived at between the Parties hereto: a) That both the parties realized that this relationship has no future and subsequently they started living separately. b) That relationship never culminated into a marriage nor there is any issue from the relationship so that the parties finally decided not to have any relationship with each other in future c) That both the parties have amicably settled their dispute and do not want to litigate any further in future. d) That the respondent no. 4 states without any undue influence, coercion, threat or promise that the FIR was misconceived and ill-advised and hereinafter she does not want to pursue the same and wants an end to this litigation i.e.. Criminal Misc. Writ Petition No. 10534 of 2025 arising out of Case Crime No. 178 of 2025. e) That considering the relationship for the last two years, for old time sake and a good-will gesture, the petitioner wants to give Rs.6,00,000/- (Rs. Six Lakh only) to the Respondent No. 4 so that she can settle comfortably. f) That today i.e., 19.08.2025, the petitioner has handed over a demand draft bearing no.081511 dated 18.08.2025 for Rs.5,00,000/- (Rs. Five Lakh only) issued by Baroda U.P. Bank in favour of Nisha (respondent no. 4), to the respondent no. 4 and the respondent no. 4 acknowledges the receipt of the same. g) That the petitioner has paid the remaining i.e., Rs.1,00,000/- (Rs. One Lakh) to the respondent no. 4 through online mode in the account of respondent no. 4, in four installments i.e., Ref. ID No. 131412075743 for Rs.1/- (One only), Ref ID No. 131849211788 for Rs.50,000/- (Rs. Fifty Thousand only), Ref ID No. 132412481884 for Rs.49,998/- (Rs. Forty Nine Thousand Nine Hundred Ninty Eight Only) and Ref ID No.559765451909 for Rs.1 (One only) and the respondent no. 4 acknowledges the receipts of the same. h) That both the parties agree that they have no further claims or liabilities against each other and undertake not to contest any litigation in any manner whatsoever related to the instant dispute arising out of Case Crime No. 178 of 2024. i) That both the parties agree that after entering into the instant settlement agreement, the parties hereinafter have no dispute with each other. j) That it has also been agreed between the parties that all the cases (civil and criminal) filed by them against each other or their family members regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. 9.-By signing this Agreement the Parties hereto state that the Criminal Misc. Writ Petition No. 10534 of 2025 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation. That this settlement agreement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement." 4. In view of the settlement now arrived at between the parties, we are of the view that no further trial of the case etc. is required. 5. Under such circumstances, the writ petition being Criminal Misc. Writ Petition No. 10534 of 2025 is allowed. The impugned first information report dated 6.5.2025 giving rise to Case Crime No. 178 of 2025, under Section 69 of B.N.S. 2023, is quashed also the subsequent charge sheet which had been forwarded by the investigation agency stands quashed. Order Date :- 22.8.2025 Gaurav (Sandeep Jain,J.) (Siddhartha Varma,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad