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2025 DAILYLAW 85785 (ALL)

PUSHPENDRA TRIVEDI AND 2 OTHERS v. State of U.P. AND 2 OTHERS

CRLP/13748/2024 · 2025-05-18

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83354-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 13748 of 2024 Petitioner :- Pushpendra Trivedi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Chaubey Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard Shri Surendra Kumar Chaubey, learned counsel for the petitioners, Sri Amit Sinha, learned A.G.A. for the State- respondents. Sri S.K. Rai, Advocate has put in appearance on behalf of respondent no.3. 2. By means of the present writ petition the petitioners is praying to quash the impugned First Information Report dated 14.07.2024, registered as Case Crime No. 263 of 2024, under Sections 498A, 323 IPC and Section 3/4 of Dowry Prohibition Act, P.S. Collector Bukganj,District Bareilly. 3. When there were certain misunderstandings between the husband-petitioner no.1 and the wife-respondent no.3, an FIR was lodged on 14.07.2024, which had given rise to Case Crime No. 263 of 2024, under Sections 498A, 323 IPC and Section 3/4 of the Dowry Prohibition Act, P.S. Collector Bukganj, District Bareilly. Seeking quashing of the said FIR, the instant writ petition was filed. This Court vide order dated 09.08.2024 had referred the matter to the Mediation & Conciliation Centre of the Allahabad High Court, wherein on 02.01.2025 settlement/ agreement was entered into between the petitioners and respondent no.3. The settlement/agreement was entered as is contained in paragraph no.7 of the settlement/agreement dated 02.01.2025, wherein, it has been stated that all cases civil & criminal filed by the parties against each other would be withdrawn by the parties. The paragraph no.7 of the settlement/agreement dated 02.01.2025 of the Mediation & Conciliation Centre, High Court Allahabad is reproduced hereunder:- "7) The following settlement has been arrived at between the parties hereto :- a) That both the parties have agreed to live separately and mutually settled to dissolve their relationship as husband and wife and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before learned District Judge/Principal Judge, Family Court, Bareilly and the same is registered as Case No. 2200 of 2024 (Pushpendra Trivedi and Smt. Shivika Upadhyay). The parties have already entered into a compromise and all the terms and conditions of the same is mentioned in the aforementioned divorce petition. They further reiterate and reaffirm the terms and conditions mentioned in the aforesaid divorce petition and the same shall be a part of this settlement also. The certified copy of the aforesaid divorce petition is annexed to this settlement-agreement for kind perusal of the Hon'ble Court. b) That the respondent no. 3-wife has moved withdrawal application in Case No. 1015 of 2024, filed u/s 12 D.V. Act before learned Judicial Magistrate/ Additional Civil Judge (J.D.), Fast Track Court No. 1, Bareilly. c) That it has also been agreed between the parties that apart from the above mentioned case, all civil and criminal cases 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. d) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. e) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse." 4. In view of the above, the writ petition is allowed. Consequently, impugned First Information Report dated 14.07.2024, registered as Case Crime No. 263 of 2024, under Sections 498A, 323 IPC and Section 3/4 of Dowry Prohibition Act, P.S. Collector Bukganj,District Bareilly, is hereby quashed. 5. The order was passed in presence of Shri S.K. Rai, who appeared for the respondent no.3 and the learned A.G.A. Order Date :- 19.5.2025 Prajapati RK (Madan Pal Singh, J.) (Siddhartha Varma, J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad