Allahabad High Court: Rajeev Singh, J., reiterated that under Section 482 of the Criminal Procedure Code, an FIR i.e. First Information Report can be quashed in view of the settlement terms.
Application under Section 482 CrPC was filed with a request that the matter may be referred to the Mediation and Conciliation Centre of the Court in relation to FIR under Sections 323, 354, 498A, 504 of Penal Code, 1860 and Section 3/4 of Dowry Prohibition Act, 1961 and also quashed the entire proceeding in relation to the said FIR.
In the present case, the investigation was started and mediation was also initiated before the court below, but applicant No.1 was not satisfied with the mediation proceeding initiated before the court below, hence, the present application was filed and with the consent of counsel for the applicant as well as counsel for the opposite party 4, the matter was sent to the Mediation and Conciliation Centre of this Court on 31.07.2020.
The matter was successfully concluded, and a settlement agreement was executed between the parties and OP 4 joined her matrimonial home on 7-3-2021 and started enjoying her life with her husband and children.
In the case of Ram Lal Yadav v. State of U.P., 1989 SCC OnLine All 73 the provision of anticipatory bail, under Section 438 Cr.P.C. was not existing, therefore, there was a dilemma to get the remedy of pre-arrest during the investigation, then it was clarified by this Court that High Court has no inherent powers, under Section 482 Cr.P.C. to interfere with the arrest of accused persons during the course of investigation, but it was clarified that High Court can always issue a writ of mandamus, under Article 226 of the Constitution restraining the police officer for misusing his legal power in relation to arrest and FIR can be quashed, under Section 482 Cr.P.C., which is covered under the principle laid down by Hon’ble Supreme Court in the Case of Bhajan Lal and the present case law laid down the by the Supreme Court in the cases as discussed.
Analysis and Decision
High Court stated that, as in the decision of Ram Lal Yadav v. State of U.P.,1989 SCC OnLine All 73, this Court held that Investigating Officer cannot be restrained from arresting the accused of a cognizable offence. Supreme Court in the case of State of Haryana v. Bhajan Lal [1992 Supp (1) SCC 335: 1992 SCC (Cri) 426] and Ram Lal Yadav v. State of U.P., 1989 SCC OnLine All 73 already held that FIR and its consequential proceedings can be quashed under Section 482 CrPC.
Therefore, in the present matter, Bench opined that impugned FIR and its consequential proceedings are liable to be quashed in terms of the settlement agreement of parties before the Mediation and Conciliation Centre of this Court.
Hence, in view of the above discussion, the present application was allowed and FIR was quashed. [Ishwar Singhal v. State of U.P., 2022 SCC OnLine All 28, decided on 11-1-2022]
Advocates before the Court:
Counsel for Applicant:- Durgesh Kumar Singh
Counsel for Opposite Party:- G.A., Vinod Kumar