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Allahabad High Court quashes FIR after accused, rape victim reach settlement in mediation center

The Allahabad High Court has quashed the FIR registered at George Town police station of Prayagraj after a settlement was reached in the mediation center between the accused and the rape victim.

The Division Bench of Justice Mahesh Chandra Tripathi and Justice Gajendra Kumar passed this order while hearing a petition filed by Deepak Kumar Singh.

The petition has been preferred for quashing the First Information Report dated 03.10.2023 registered as Case under Sections 323, 328, 376, 377, 342, 506, 120-B IPC, Police Station George Town, District Allahabad/Prayagraj and for a direction to respondents not to arrest the petitioner pursuant to impugned FIR.

The Court noted that,

By the order dated 01.12.2023 the matter was referred to the mediation and conciliation centre.

Perused the office report dated 19.2.2024 and the settlement agreement dated 01.02.2024 which indicates that matter has been amicably settled between the parties and they have settled their differences on the terms mentioned in the settlement agreement dated 01.02.2024.

It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report is liable to be quashed.

A.G.A fairly states that in the light of the agreement as the parties have already settled the matter through mediation and conciliation centre and till date charge-sheet has not been submitted. He has no objection, in case the first information report is quashed.

The Court observed that,

Thus, in view of the well settled principles of law as laid down by the Apex Court reported in 2003(4) SCC 675 (B.S Joshi Vs State of Haryana), J.T 2008(9) SC 192 (Nikhil Merchant Vs Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs State of Punjab), and in view of the settlement agreement dated 01.02.2024, the First Information Report dated 03.10.2023 registered as Case under Sections 323, 328, 376, 377, 342, 506, 120-B IPC, Police Station George Town, District Allahabad/Prayagraj is hereby quashed.

Accordingly, the Court allowed the petition.

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