Siddhartha Bhardwaj And 4 Others v. State Of U.P. & 2 Others
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 307, 323, 498A, 506
- Dowry Prohibition Act, 1961
- Hindu Marriage Act, 1955
Key paragraphs
- Para 88. 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…
Judgment
Heard Sri Jagdish Prasad Mishra, learned counsel for the petitioners and learned A.G.A. appearing for the State respondents.
This writ petition has been filed praying to quash the impugned First Information Report dated 23.10.2023 registered as Case Crime No. 468 of 2023, under Sections 498A, 323, 307, 506 IPC and 3/4 Dowry Prohibition Act, Police Station- Garhmukteshwar, District Hapur.
Vide order dated 07.02.2024 the matter was referred to the mediation centre.
Perused the office report and the settlement agreement dated 01.06.2024 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 01.06.2024. The paragraph 7 is quoted as under:- "7. In view of the Interim Settlement Agreement dated 18.05.2024, the following settlement has been arrived at between the Parties hereto:- (a) That today i.e. 01.06.2024, the daughter of respondent no. 3, namely, Shivani Sharma (wife) is also present alongwith her father and agrees with the terms and conditions of the final settlement. (b) That the parties have already settled their dispute and decided to live separately and in this regard they have already filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Hapur and the same is registered as Case No. 314 of 2024. The Certified copy of the aforesaid divorce petition is being annexed herewith for kind perusal of this Hon'ble Court. (c) That on 18.05.2024, it has been agreed between the parties that the husband shall pay an amount of Rs.32,00,000/- (Rs. Thirty Two Lakh only) to the wife towards permanent alimony including Stridhan and all other financial claims. The said amount shall be paid by way of demand drafts. (d) That on 18.05.2024, the husband has produced a demand draft bearing No.940073 dated
15.05.2024 for Rs. 16,00,000/- (Rs. Sixteen Lakh only) drawn on State Bank of India in favour of Shivani Sharma (wife) which was kept in the concerned file and the same has been handed over today i.e. 01.06.2024 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. 16,00,000/- (Rs. Sixteen Lakh only) shall be paid by Siddhartha Bhardwaj (husband) to Shivani Sharma (Wife) at the time of final judgment in aforesaid divorce petition i.e. Case No. 314 of 2024 pending in the court of Principal Judge, Family Court, Hapur by way of demand draft of a nationalized bank. (f) That it has also been agreed between the parties that all civil and criminal cases filed by them against each other 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 in respect of this matrimonial dispute. They have no claim against each other in future 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. "
It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 23.10.2023 registered as Case Crime No. 468 of 2023, under Sections 498A, 323, 307, 506 IPC and 3/4 Dowry Prohibition Act, Police Station- Garhmukteshwar, District Hapur is liable to be quashed.
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 01.06.2024, the First Information Report dated 23.10.2023 registered as Case Crime No. 468 of 2023, under Sections 498A, 323, 307, 506 IPC and 3/4 Dowry Prohibition Act, Police Station- Garhmukteshwar, District Hapur is hereby quashed.
The present petition is, accordingly, allowed. Order Date :- 23.8.2024 A.Kr.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 307, 323, 498A, 506; Dowry Prohibition Act, 1961; Hindu Marriage Act, 1955.
Which court decided this case, and when?
Allahabad High Court, on 23 Aug 2024. The bench was VIVEK KUMAR BIRLA, ARUN KUMAR SINGH DESHWAL.
Precedent status how later indexed judgments have treated this case
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