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2017 Supreme(All) 1266

ALLAHABAD HIGH COURT
KRISHNA MURARI AND AKHILESH CHANDRA SHARMA, JJ.
VINOD KUMAR RASTOGI AND OTHERS - Petitioners
Versus
STATE OF U.P. AND OTHERS - Respondents
Criminal Misc. Writ Petition Nos. 12806 and 12887 of 2017, decided on 3rd August, 2017)

Advocates:
Counsel :
Avnish Kumar Srivastava for the Petitioners; Piyush Kishore Srivastava and A.G.A. for the Respondents.

Headnote:(Indian) Penal Code, 1860—Sections 419, 420, 467, 468, 469/471—Writ petition—Settlement of dispute—Since all litigation between parties is an outcome of matrimonial discard between them in which other family members have also been implicated and they have agreed for settlement of dispute—Therefore, it expedient in interest of justice to set at rest all dispute between parties and to close all litigation pending between them—Direction issued. Petition Disposed of.

       

JUDGMENT :

Akhilesh Chandra Sharma, J.

1. We have heard learned counsel for the petitioners and learned A.G.A.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned First Information Report registered as Case Crime No. 367 of 2017, under Sections 419/420/467/468/469/471 I.P.C., Police Station Civil Lines, District Allahabad so far as it relates to the petitioners and also for direction to the opposite parties not to arrest them in pursuance of the impugned F.I.R.

3. Finding that first information report is a result of matrimonial dispute going on between the petitioner no. 3 and respondent no. 3 who are wife and husband, we decided to explore the possibility of any settlement between them vide order dated 11.07.2017 directed the petitioner no. 3 and respondent no. 3 to appear in person before us on 21.07.2017.

4. Though the parties appeared on the said date but on account of members of Bar abstaining from work, proceedings were adjourned to 26.07.2017 and the matter was directed to be listed in Chambers at 3:00 PM.

5. On the said date again both parties appeared and after our persuasion and counselling, both the parties have agreed to an amicable settlement of not only separating from each other but also agreed to settle all other ancillary litigation pending between the parties. Accordingly, parties were directed to file joint affidavit setting out the terms and conditions, to which they had agreed before us. The petition along with connected petition was directed to be posted on 03.08.2017 at 03:30 PM in Chambers.

6. Both parties again appeared along with their counsel and filed joint affidavit setting out the terms and conditions of settlement which is taken on record. The terms and condition agreed upon by the parties set out in the joint affidavit is as under:

"(2) That dispute and differences had arisen between the parties hereto and in the event of the same, some cases were lodged by the deponent no. 1 and her family members against the deponent no. 2 and his family. Details of the cases filed by the deponent no. 1 and her family members against the deponent no. 2 are as under:

(i) Divorce Petition No. 592 of 2014, Arpita Rastogi Vs. Rajeev Anand under Section 13 (1) (i-a), Hindu Marriage Act, 1955 pending in the court of Principal Judge, Family Court, Allahabad.

(ii) Case Crime No. 80 of 2014 under Section 323, 504, 506, 498-A IPC and 3/4, Dowry Prohibition Act, Police Station Muthiganj, Allahabad.

(iii) Case Crime No. 148 of 2014 under Section 323, 504, 506 IPC, Police Station Muthiganj, Allahabad.

(iv) Complaint case no. 6917 of 2017, Vinod Kumar Rastogi Vs. Rajeev Anand, Police Station Civil Lines, Allahabad pending in the court of Additional Chief Judicial Magistrate, Room no. 10, Allahabad.

(v) Maintenance Petition no. 372 of 2017, Arpita Rastogi Vs. Rajeev Anand under Section 125 Cr. P. C. pending in the court of Principal Judge, Family Court, Allahabad.

(vi) Complaint Case No. 2251 of 2017, Arpita Rastogi Vs. Rajeev Anand and another, under Section 12 of the Protection of Women from Domestic Violence Act 2005 pending in the court of Additional Chief Judicial Magistrate, Room No. 10, Allahabad.

(3) That the cases lodged by deponent no. 2 against the deponent no. 1 and her family members are as under:

(i) Case Criminal no. 367 of 2017, under Section 419, 420, 467, 468, 469 and 471 IPC, Police Station Civil Lines, District Allahabad.

(4) That the parties have with the assistance of the respectable elders/persons voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences and have mutuall compromised and settled their disputes.

(5) That the parties hereto being petitioner no. 3 the wife and respondent no. 3 the husband confirm and declare that they have voluntarily and of their own free will arrived to the decision that they will forget their sour past and will live their life by taking decree of divorce for the better an


















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