High Court
Case Details
Neutral Citation No. - 2024:AHC:181450 Court No. - 52 Case :- APPLICATION U/S 482 No. - 39003 of 2024 Applicant :- Gulshan Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.,Nipun Singh Hon'ble Mrs. Manju Rani Chauhan,J.
Legal Reasoning
1. Heard Sri Prashant Kumar Singh, learned counsel for the applicant, Sri Naman Agrawal, Advocate holding brief of Sri Nipun Singh, learned counsel for opposite party no.2 and Mr. Kirti Singh, learned A.G.A. for the State. 2. This application u/s 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of Case No. 35126 of 2021 (State Vs. Gulshan Gupta), arising out of Case Crime No. 1054 of 2020, under Sections 498A, 504 I.P.C. and 3/4 D. P. Act, Police Station Ramgarhtaal, District Gorakhpur, pending in the Court of C.J.M., Gorakhpur on the basis of compromise dated 21.05.2024. 3. Learned counsel for the parties submit that an F.I.R. was lodged by the applicant against his wife and her family members, which was registered as Case Crime No. 127 of 2024. The wife alongwith her family members approached this Court by means of filing of Criminal Misc. Writ Petition No. 4931 of 2024, wherein the matter was referred to the mediation centre and a settlement agreement was arrived between the parties. A Division Bench of this Court in view of the settlement agreement dated 21.05.2024 has quashed the F.I.R. dated 29.02.2024, registered as Case Crime No. 0127 of 2027 vide order dated 20.09.2024, which is quoted below: "1. Case is taken up in the category of mediation cases as "mediation successful matter". 2. Sri Vivek Chaturvedi, learned counsel for the petitioners and Sri Prashant Kumar Singh, learned counsel for the informant. 3. This writ petition has been filed praying to quash the impugned First Information Report dated 29.02.2024, registered as Case Crime No. 0127 of 2024, under Sections 468, 469, 471, 420 I.P.C., P.S. Ramgarh Tal, District Gorakhpur. 4. Vide order dated 02.04.2024 the matter was referred to the mediation centre. 5. Perused the office report dated 20.09.2024 and the settlement agreement dated 21.05.2024 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 21.05.2024. The paragraph 7 is quoted as under:- "7. In view of the interim settlement dated 07.05.2024, the following settlement has been arrived at between the parties hereto:- a) That the parties have settled their dipsute and decided to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before Principal Judge, Family Court, Gorakhpur and the same is registered as Case No. 724 of 2024. The certified copy of the aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court. b) That on 07.05.2024, it has been agreed between the parties that the husband shall pay an amount of Rs. 70,00,000/- (Rupees Seventy Lakh only) to the wife towards permanent alimony including Stridhan and all other financial claims. The aforesaid amount shall be paid in three installments by way of demand drafts. c) That as agreed between the parties in para 7(c) of the Interim settlement Agreement, on 14.05.2024, the husband has been handed over a demand draft bearing no. 560348 dated 10.05.2024 of Rs. 25,00,000/- (Rs. Twenty Five Lakh only) to the wife-Seepika Jaiswal before Principal Judge Family Court, Gorakhpur at the time of filing of aforesaid divorce petition u/s 13B of Hindu Marriage Act and she has acknowledged the receipt of the same. d) That on 07.05.2024, as agreed between the parties in para 7(d) of the Interim Settlement Agreement, today i.e. 21.05.2024, the husband has handed over a demand draft bearing no. 560354 dated 18.05.2024 of Rs. 25,00,000/- (Rs. Twenty Five Lakh only) to Seepika Jaiswal (wife) and she has acknowledged the receipt of the same. e) That it has been agreed between the parties that the remaining amount i.e. Rs. 20,00,000/- (Rupees Twenty Lakh only) shall be paid by the husband to the wife at the time of final judgment in Case No. 724 of 2024 pending in the Court of Principal Judge, Family Court, Gorakhpur by way of demand draft. f) That it has also been agreed between the parties that all civil and criminal cases filed by them against each other arising out of 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 in respect of this matrimonial dispute. They have no claim against each other in furture also. h) 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." 6. It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 29.02.2024, registered as Case Crime No. 0127 of 2024, under Sections 468, 469, 471, 420 I.P.C., P.S. Ramgarh Tal, District Gorakhpur is liable to be quashed. 7. 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 21.05.2024, the First Information Report dated 29.02.2024, registered as Case Crime No. 0127 of 2024, under Sections 468, 469, 471, 420 I.P.C., P.S. Ramgarh Tal, District Gorakhpur is hereby quashed. 8. The present petition is, accordingly, allowed." 4. Learned counsel for the applicant further submits that one of the terms and conditions as mentioned in the aforesaid settlement agreement was that all civil and criminal cases filed by the parties, against each other, shall be withdrawn by them. He next submits that the present case has been lodged by the wife of the applicant against her husband. Therefore, in view of the order dated 20.09.2024 passed in Criminal Misc. Writ Petition No. 4931 of 2024, the proceedings of this case may also be quashed. 5. Learned counsel for opposite party no.2 and learned A.G.A. for the State have no objection to the prayer made by learned counsel for the applicant, if the proceedings in the aforesaid case are quashed. 6. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, 7. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. 8. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. 9. Accordingly, the proceedings of entire proceedings of Case No. 35126 of 2021 (State Vs. Gulshan Gupta), arising out of Case Crime No. 1054 of 2020, under Sections 498A, 504 I.P.C. and 3/4 D. P. Act, Police Station Ramgarhtaal, District Gorakhpur, pending in the Court of C.J.M., Gorakhpur on the basis of settlement agreement dated 21.05.2024, are hereby quashed. 10. The application is, accordingly, allowed. There shall be no order as to costs. Order Date :- 19.11.2024 Abhishek Singh