Shiva Nand Singh And 10 Others v. State Of Up And 3 Others
Case at a glance
Provisions considered
Key paragraphs
- Para 66. 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 Rohit Nandan Pandey, learned counsel for the petitioners, Sri Narayan Swaroop, learned counsel for the informant, learned A.G.A. appearing for the State respondents.
This writ petition has been filed praying to quash the impugned First Information Report dated 17.01.2024 registered as Case Crime No. 6 of 2024, under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District Jaunpur.
Vide order dated 02.07.2024 the matter was re-referred to the mediation centre.
Perused the office report dated 12.08.2024 and the settlement agreement dated 24.07.2024 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 24.07.2024. The paragraph 7 is quoted as under:- "7. In view of the Interim Settlement dated 10.07.2024, the following settlement has been arrived at between the Parties hereto:- a) That the parties have already settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Jaunpur on 16.07.2024 and the same is registered as Marriage Petition No. 781 of 2024, in which next date is fixed as 17.01.2025. The certified copy of the aforesaid divorce petition and the order sheet are annexed to this settlement for kind perusal of the Hon'ble Court. b) That it has been agreed between the parties that the husband shall pay one time settlement amount of Rs.
1,75,000/- (Rupees One Lakh Seventy Five Thousand only) to the wife which includes permanent alimony and Stridhan by way of Demand Draft drawn in her favour. c) That as decided in Para 7 (c) of the Interim settlement dated 10.07.2024, today i.e. 24.07.2024, the husband handed over a demand draft to the Respondent No.4- wife, bearing D.D. No.760475 dated 18.07.2024 for Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) drawn on State Bank of India in favour of Shraddha Singh (wife) and she has acknowledged the receipt of the same. d) That it has been agreed between the parties that the remaining amount i.e. Rs.50,000/- (Rupees Fifty Thousand Only) shall be paid by Shiva Nand Singh (Petitioner No.1-Husband) to Smt. Shradha Singh (Respondent No.4-Wife) at the time of final judgment in Marriage Petition No. 781 of 2024 pending in Principal Judge, Family Court, Jaunpur by way of demand draft. e) That it has been informed by the parties that on 21.07.2024, the Petitioner No.1 has handed over all the belonging things of Respondent No.4 to her and she has acknowleged the receipt of the same. f) That it has also been agreed between the parties Petitioner No.1 has already handed over the possession of a Motor Cycle 'Hero Glamour' bearing Registration No.
UP 62 BH 5878 to the brother of the Respondent No.4 and she has acknowledged the receipt of the same. g) That it has been agreed between the parties that all civil and criminal cases, if any, 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 within two months. h) 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. i) 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 17.01.2024 registered as Case Crime No. 6 of 2024, under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District Jaunpur 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 24.07.2024, the First Information Report 17.01.2024 registered as Case Crime No. 6 of 2024, under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District Jaunpur is hereby quashed.
The present petition is, accordingly, allowed. Order Date :- 12.8.2024/A.Kr.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860; Dowry Prohibition Act, 1961; Hindu Marriage Act, 1955.
Which court decided this case, and when?
Allahabad High Court, on 12 Aug 2024. The bench was VIVEK KUMAR BIRLA, ARUN KUMAR SINGH DESHWAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.