- (1.) Abhishek Gupta s/o Ashwani Kumar Gupta is before this Court with the following prayers: (i) Issue an appropriate writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 5.8.2014 registered as Case Crime No. 59 of 2014 under Sections 498A, 323, 377, 376, 511, 354, 120B, 504, 506 IPC and 3 read with Section 4 of Domestic Violence Act, P.S. Mihila Thana, District Kanpur Nagar. Brief background of the case is that on 6.12.2013, petitioner has entered into matrimonial alliance with respondent No. 3, Smt. Ragini Gupta and this much is reflected that thereafter there has been matrimonial discord resulting in lodging of present FIR dated 5.8.2014 being Case Crime No. 59 of 2014 under Sections 498A, 323, 377, 376, 511, 354, 120B, 506, 504 IPC and 3 read with Section 4 of the Domestic Violence Act, P.S. Mahila Thana, District Kanpur Nagar. Petitioner has come up with a case that on 25.8.2014, he has entered into compromise with respondent No. 3 and have amicably settled the matrimonial discord in question to the effect that entire dispute to the parties has been settled and the petitioner would withdraw proceedings under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights and petitioner would pay a sum of Rs. 35 lacs to the informant and her family members on account of which divorce proceedings would be initiated by filing a joint petition under Section 13B of the Hindu Marriage Act, 1955. Petitioner has further contended that once such is the factual situation that compromise has been entered between the parties, then this Court should come to the rescue and reprieve of the petitioner by quashing the present FIR.
(2.) On behalf of complainant, Shri Sanjay Srivastava, Advocate has entered appearance and he informs the Court that inter se parties compromise has been entered to settle all the dispute between the parties and parties to the dispute have all intentions to bring the dispute to an end, to lead further peaceful life.
(3.) On the parameters of the aforementioned statement of fact, this Court proceeded to look into the records and it is reflected from the record that Abhishek Kumar Gupta, petitioner and Smt. Ragini Gupta, respondent No. 3 has entered into matrimonial alliance on 6.12.2013 and there has been matrimonial discord between the parties and Smt. Ragini Gupta has left her matrimonial house and has proceeded to live with her parents. It is further reflected that on 18.2.2014, petitioner has filed a petition under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of his conjugal rights and thereafter on 5.7.2014 petitioner has proceeded to approach the D.I.G. Kanpur Nagar alleging that informant has been threatening him to implicate him in false and fabricate case and after one month of the same, the present FIR has been lodged u/s 498A, 323, 377, 376, 511, 120B, 506, 504 and Section 3 read with Section 4 of the Domestic Violence Act, P.S. Mahila Thana, District Kanpur Nagar by the informant mentioning therein that petitioner has time and again sought dowry and subjected the informant to cruelty and rape and now the parties have visualised that litigation would not reap any results, and this thought process has impelled them to arrive at settlement consenting to live separately and accordingly asking this Court to come to the rescue and reprieve of the parties by quashing the proceedings in question in peculiar facts of case for bringing peace and harmony in between the parties.;