Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 11114 of

2021

Petitioner :- Pradeep Kumar And Another

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Diwakar Mishra

Counsel for Respondent :- G.A

Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Ram Manohar Narayan Mishra,J.

The matter is listed under the head "Matters in which mediation

succeeded in settlement between the parties

Heard learned counsel for the petitioners and learned A.G.A.

Present matter was taken up on 24.11.2021 and on the said date,

following interim order was accorded in favour of the

petitioners:-

"Heard learned counsel for the petitioners and the learned A.G.A.

The petitioners, by means of this writ petition under Article 226 of the Constitution of

India, has invoked the inherent jurisdiction of this Court with prayer to quash the

impugned First Information Report dated 09.10.2021 registered as Case Crime No.236 of

2021 under Sections 498A, 323, 504, 506 IPC, Section 3/4 of Dowry Prohibition Act, P.S.

Balua, Distt. Chandauli.

It is submitted by learned counsel for the petitioners that the present matter relates to

matrimonial dispute, which may be amicably settled by way of mediation and

conciliation, therefore, the matter may be referred to the Mediation and Conciliation

Centre of this Court.

Issue notice to the opposite party no.4, returnable at an early date. Steps may be taken

within a week.

In view of the above, it is directed that petitioners shall deposit a sum of Rs.20,000/-

within two weeks from today with the Mediation Centre of this Court out of which

Rs.15,000/- shall be paid to the opposite party no.4, on the date fixed, for her appearance

before the Mediation Centre and Rs. 5000/- shall be retained by the Mediation Centre as

mediation fee.

The matter is remitted to the Mediation Centre with the direction that after deposit of

such amount, by the petitioners, it shall issue notice to the parties fixing some date for

mediation and shall make all possible efforts to conclude the mediation and conciliation

proceedings expeditiously, preferably within a period of three months.

List after expiry of aforesaid period before the appropriate Bench along with the report

of Mediation Centre.

Till the next date of listing, no coercive action shall be taken against the petitioners in the

above mentioned case.

It is made clear that in case there occurs default by the petitioners either in depositing

the amount or in appearing before the Mediation Centre on the date fixed, the interim

order shall cease to operate and the Mediation Centre shall immediately communicate

with the office which in turn shall list the case within a week before the appropriate

Bench for passing orders in the matter."

In response thereof, the parties have appeared before the

Allahabad High Court Mediation and Conciliation Centre and

eventually, the settlement agreement took place on 11.10.2021

between Pradeep Kumar/petitioner no.1 (husband) and Smt.

Arti Devi/respondent no.4 (wife).

Learned counsel for the petitioners makes a statement that till

date, no charge sheet has been submitted in the matter and

petitioner no.1 and respondent no.4 have decided to dissolve the

marriage as per the terms and conditions of settlement

agreement dated 11.10.2022.

Learned counsel for the respondent has given a nod to the said

situation.

It is jointly submitted that this being an offshoot of a

matrimonial dispute, same has come to be amicably resolved

under the settlement agreement dated 11.10.2022, duly verified

by the parties and their counsels before the Mediation Centre,

pending proceedings would serve no purpose and the same are

liable to be quashed in the light of the judgements of the Apex

Court in the case of B.S. Joshi v. State of Haryana and others,

2003(4) SCC 675, and Gian Singh v. State of Punjab,

2012(10) SCC 303.

The Apex Court in the case of B.S Joshi (Supra) has held that in

case the matrimonial dispute