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2025 DAILYLAW 78022 (ALL)

AMINA KHATOON AND 3 OTHERS v. State of U.P. AND 2 OTHERS

CRLP/12417/2024 · 2025-03-16

Mahesh Chandra Tripathi, Prashant Kumar

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:37511-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12417 of 2024 Petitioner :- Amina Khatoon And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A.P. Singh,Deepak Kumar Jaiswal,Omkar Nath Rai Counsel for Respondent :- Anil Kumar Pandey,G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri A.P. Singh, learned counsel for the petitioners, Sri Anil Kumar Pandey, learned counsel appearing for the informant and Sri G.P. Singh, learned A.G.A.-1 appearing for the State respondents. 2. This writ petition has been filed praying to quash the impugned First Information Report dated 01-07-2024 registered as Case Crime No.0209 of 2024, under Sections 419, 420, 467, 468, 471 IPC, P.S. Tamkuhiraj, District Kushinagar. 3. Vide order dated 24-07-2024, the matter was referred to the mediation centre. 4. Perused the office report dated 17-03-2025 which indicates that matter has been peacefully settled between the parties and they have settled their differences on the terms mentioned in paragraph 7 of the settlement agreement dated 08-12-2024. The paragraph 7 is quoted as under:- "7. The following settlement has been arrived at between the Parties hereto:- a) That Amina Khatoon (petitioner no. 1), Shaukat Ansari (petitioner no. 2) & Nabuban Nisha (respondent no. 3) have settled their dispute regarding gift deed of land (Bahi No. 2, Zild No. 7557, Pristha Sankhya 285 to 304 Kram Sankhya 242) and do not want to litigate any further regarding the present dispute. b) That Nabuban Nisha (respondent no. 3) has filed a suit bearing Original Suit No. 678 of 2024 u/s 34 of Specific Relief Act for cancellation of the gift deed obtained wrongly by the petitioner no. 2-Shaukat Ansari, her son. c) That they have already entered into a compromise outside the court which has been filed in Originial Suit No. 678 of 2024 and the court concerned has taken the same on record on 25.10.2024. Both are hopeful on the very next date the said gift deed may be cancelled by the court concerned. d) That both the parties have agreed to produce the certified copy of the order passed in Original Suit No. 678 of 2024 regarding cancellation of the gift deed before the Hon'ble Court at the time of hearing. e) That in view of the above, the Respondent No. 3 shall have no objection, if the Hon'ble Court pleases to allow the Criminal Misc. Writ Petition No. 12417 of 2024. 1) 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. g) That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement." 5. It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report 01-07-2024 registered as Case Crime No.0209 of 2024, under Sections 419, 420, 467, 468, 471 IPC, P.S. Tamkuhiraj, District Kushinagar. is liable to be quashed. 6. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab) and in view of the settlement agreement dated 11.4.2023, the impugned First Information Report 01-07-2024 registered as Case Crime No.0209 of 2024, under Sections 419, 420, 467, 468, 471 IPC, P.S. Tamkuhiraj, District Kushinagar is hereby quashed. 7. The present petition is, accordingly, allowed. Order Date :- 17.3.2025 pks (Prashant Kumar, J.) (M.C. Tripathi, J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad