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2025 DAILYLAW 6599 (ALL)

PRAMOD KUMAR AND 7 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/714/2025 · 2025-09-17

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 714 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Because of matrimonial dispute between the parties, an FIR was lodged on 11.9.2024 giving rise to Case Crime No.116 of 2024 under Sections 85, 109, 115(2) of BNS and 3/4 D.P. Act at Police Station Godha, District-Aligarh. The petitioners, therefore, filed the instant writ petition for quashing of the first information report. 2. The matter when was remitted to the Mediation Centre for conciliation then on 1.5.2025, the parties agreed to come to the settlement and the settlement agreement was drawn out, which has been sent by the Mediation Centre and is a part of the record. The settlement as was arrived at between the parties is contained in paragraphs 7 and 8 of the settlement agreement. The paragraphs 7 and 8 are reproduced herein as under: 7. In view of the Interim Settlement Agreement dated 10.04.2025, the following settlement has been arrived at between the Parties hereto: a) That the parties entered into an interim settlement dated 10.04.2025 and decided to live together as husband and wife forgetting all previous disputes and differences. In continuation of the aforesaid interim settlement, the parties appeared and stated that they are fully satisfied with this reunion and further they want to continue it for the rest of their lives. Versus Counsel for Petitioner(s) : Ashutosh Kumar Mishra, Shireesh Kumar Mishra Counsel for Respondent(s) : G.A., Vijay Kumar Dwivedi Pramod Kumar And 7 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) b) That husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities. c) That the parties undertake not to commit any kind of cruelty against each other in any manner whatsoever. d) That it has been agreed between the parties that they will behave properly living in peaceful and cordial atmosphere. e) That the husband undertakes to take care of his wife and son and fulfill all essential requirements and amenities to them in future. f) 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 matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. g) That the parties will not file any fresh case against each other or their family members in respect of this matrimonial dispute. They have no claim against each other in future also. 8.-By signing this Agreement the Parties hereto state that the Criminal Misc. Writ Petition No. 714 of 2025 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation. 3. In view of above, we are of the view that the FIR deserves to be quashed. 4. Accordingly, the writ petition is allowed and the FIR was lodged on 11.9.2024 giving rise to Case Crime No.116 of 2024 under Sections 85, 109, 115(2) of BNS and 3/4 D.P. Act at Police Station Godha, District- Aligarh, is hereby quashed. September 18, 2025 LN Tripathi CRLP No. 714 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad