TANVEER ALAM AND OTHERS Vs. STATE OF U P THRU PRIN SECY HOME AND OTHERS
LAWS(ALL)-2018-2-406
HIGH COURT OF ALLAHABAD
Decided on February 19,2018

Tanveer Alam And Others Appellant
VERSUS
State Of U P Thru Prin Secy Home And Others Respondents

JUDGEMENT

Dinesh Kumar Singh, J. - (1.) The present writ petition has been filed by the petitioner, Dr. Tanveer Alam and four others who are his relatives. Petitioner no.1 is the husband of respondent no.4. This petition seeks quashing of the First Information Report lodged by respondent no.4 at Case Crime No.257 of 2017, under Sections 147, 452, 323, 328, 504, 498A I.P.C. Police Station Biswan, District Sitapur.
(2.) The marriage between petitioner no.1 and respondent no.4 was solemnised on 08.11.2009. It appears that the marriage has not been a successful one and the family discord and bickering started sometime before and as a consequence thereof respondent no.4 lodged the impugned First Information Report against the petitioners.
(3.) This court vide order dated 01.09.2017, on the joint request of the parties referred the matter to the Mediation and Conciliation Centre of this Court. The parties have settled their dispute in the Mediation and Conciliation Centre and a 'Settlement Agreement' dated 07.11.2017 has also been signed by petitioner no.1 and respondent no.4 with their respective counsels and two mediators. The main terms of the settlement arrived at between the parties are extracted hereinbelow:- "6. The following settlement has been arrived at between the Parties hereto:- A. That both the husband and wife alongwith their children/daughters(Ifra Tanveer, 5 yrs & Bushra Tanveer, 1-1/2 yrs.) are residing together at Moh. Mirdahi Tola, Tehsil-Biswan, District-Sitapur. B. That the husband shall do all the necessary acts for the Happiness, Security and Safety of his Family in all the ways and shall provide emotional and economic support. C. That the husband shall secure the future of his wife and children. D. That the husband shall prevent all interference of his parents or relatives if any, in the domestic life of his family. E. That all decisions with respect to the family affairs and with respect to the children shall be taken by mutual consent and both the husband and wife neither of them will force each other or impose his/her opinion over each other. F. That the wife has stated that she will completely be a house wife and shall fully dedicate herself to the welfare of the family. She will ensure proper caer of the family members in all respects and in particular emotional and sentiments of the family members. G. That all other matter which are not covered by this agreement shall be taken by mutual consent and with understanding. H. That both the parties will discharge their matrimonial obligations/duties and nobody will misbehave with each other and no other familymemebr of either of the parties shall make undue interference in the family affairs of the parties. I. That both the parties will withdraw all the pending cases including- 1. Case Crime No.257/2017, u/s 147, 452, 323, 328&498A IPC, Farheen vs Dr. Tanveer Alam, pending at P.S. Biswan, Distt. Sitapur. 2. In addition to above mentioned case if there is any other case(s) they shall also be withdrawn by either of the parties. 7. By signing this Agreement the parties hereto state that they have no further claims or demands against each other with respect to Writ Petition No.20437of 2017 (MB) and all disputes and differences in this regard have been amicably been settled by the Parties hereto through the process of Mediation/conciliation.";


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