Vishal @ Neeru And 2 Others v. State Of Up And 2 Others

Heard Sri Satendra Kumar Singh, learned counsel for the petitioners, Sri Rajeev Kumar Saxena, learned counsel appearing for the informant and learned A.G.A.-1 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. 0016 of 2024, under Sections 376, 313, 506, 120B IPC, P.S. Airwakatra, District Auraiya.

Vide order dated 01.03.2024 the matter was referred to the mediation centre.

Perused the office report dated 06.03.2025 and the settlement agreement dated 18.02.2025 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 18.02.2025. The paragraph 7 is quoted as under:- "7. The following settlement has been arrived at between the parties hereto:- a) That the parties entered into an interim settlement dated 19.11.2024 and decided to live together as husband and wife forgetting all previous disputes and differences. In continuation of the aforesaid interim settlement, the parties appeared and stated that they are fully satisfied with this reunion and further they want to continue it for the rest of their lives. b) That husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities. c) That the parties undertake not to commit any kind of cruelty against each other in any manner whatsoever. d)That it has been agreed between the parties that they will behave properly living in peaceful and cordial atmosphere. e) That the husband undertakes to take care of his wife and fulfill all essential requirements and amenities to them in future. f) That it has been agreed between the parties that there will no interference of the relatives/ parents of either of the party in their peaceful living and cordial atmosphere. g) That it has also been agreed between the parties that all cases (civil and criminal) filed by them against each other or their family members regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. h) That the parties will not file any fresh case against each other or their family members in respect of this matrimonial dispute. They have no claim against each other in future also. "

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 18.02.2025, the impugned First Information Report dated 17.01.2024 registered as Case Crime No. 0016 of 2024, under Sections 376, 313, 506, 120B IPC, P.S. Airwakatra, District Auraiya is hereby quashed.

The present petition is, accordingly, allowed. Order Date :- 7.3.2025 Abhishek Sri. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad