Court No. - 72
Case :- APPLICATION U/S 482 No. - 29811 of 2017 Applicant :- Ajay Pal Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.,Om Prakash Yadav
Hon'ble Saumitra Dayal Singh,J.
1. List revised. No one is present on behalf of the either party to press this application. Learned AGA is present.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 27.03.2017, cognizance order dated 02.06.2016 as well as the entire proceedings of Case No. 2263 of 2017 (State Vs. Ajay Pal), arising out of Case Crime No. 86 of 2016, under Sections- 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station- Mahila Thana, District- Jhansi, pending in the court of Judicial Magistrate-I, Jhansi.
3. It appears that upon earlier order passed by this Court, the matter had been referred to the Mediation & Conciliation Center of this Court. Mediation report dated 18.01.2018 indicates that the mediation between the parties was completed and a settlement/agreement arrived at between the parties.
4. Paragraph no.6 of the said report reads as under:
"6. In view of the Interim Settlement dated 04.01.2018, the following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Sri Ajay Pal Singh (Applicant – Husband) and Smt. Savita Singh (O.P. No. 2 – Wife) was solemnized on 17.02.2012. Out of aforesaid wedlock, parties have a daughter namely Anya (at present aged about 4 years), who is presently living with applicant. Due to strained relationshis the husband and wife have been living separately since year 2016.
b) That as per interim settlement dated 04.01.2018, the parties have decided to take mutual divorce on the condition of a permanent alimony/Stridhan of Rs. 6,50,000/- (Rs. Six lakhs fifty thousand only) which shall be paid by the husband of the wife towards her maintenance in the form of demand draft drawn in her favour in two installments.
c) That it has been agreed between the parties that the daughter namely Anya aged about 4 years will remain in custody of her father i.e. Applicant and the applicant Sri Ajay pal Singh will bear all expenses towards her education, maintenance and marriage etc.
d) That as agreed during Interim Settlement parties have filed a mutual divorce petition No. 29/2018 under section 13-B of Hindu Marriage Act, before the Family Court, Jhansi and produced the certified copy of the same which is annexed to this Settlement Agreement.
e) That on 04.01.2018, the husband had produced a demand draft bearing no. 533450 dated 03.01.2018 for Rs. 2,00,000/- drawn on Punjab National Bank, drawn in favour of wife, which was kept in the file of the Mediation Centre. That as agreed during Interim Settlement, husband has produced another Demand draft bearing no. 321669 dated 18.01.2018 of Rs. 1,50,000/- drawn on Punjab National Bank, drawn in favour of wife.
f) Both of the above mentioned Demand Drafts have been handed over to the wife today and she has acknowledged the receipt of the same.
g) That it has been agreed between the parties that the rest amount of the aforesaid agreed alimony i.e. Rs. 3,00,000 (2nd installment) shall be paid by the husband of the wife by way of the demand draft drawn in her favour at the time of final judgment of aforesaid mutual divorce petition before the Family Court, Jhansi.
h) That it has been agreed between the parties that all the Criminal and Civil cases filed by them against each other shall be withdrawn/quashed by them taking appropriate steps before the court/Authorities concerned within one month of this Settlement Agreement.
i) That hereafter parties have no further claims against each other of any nature.
j) That it is also agreed between the parties that they shall not file any case/complaint against each other or their family members related with present matrimonial dispute in future also."
5. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 18.01.2018 before the Mediation and Conciliation Centre of this Court and subject to strict compliance having been made by the parties, the proceedings in the aforesaid case would stand dropped.
6. In view of the above, the present application is disposed of accordingly.
7. If however, any party is aggrieved, it shall remain open to that party to seek recall of this order.
Order Date :- 31.5.2019 Abhilash