Court No. - 72
Case :- APPLICATION U/S 482 No. - 19167 of 2018 Applicant :- Alok Kumar Verma And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Mustafa,Diwan Saifullah Khan Counsel for Opposite Party :- G.A.,Manoj Kumar Yadav,Prashant Pandey,Sanjay Kumar Singh
Hon'ble Rajiv Joshi,J.
Heard Sri Diwan Saifullah Khan, learned counsel for the applicants, Sri Sanjay Kumar Singh on behalf of the opposite party no. 2. and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no. 27 of 2018 dated 25.03.2018 in Case Crime No. 244 of 2017 (State Vs. Alok Kumar Verma), and entire proceedings of Criminal Case No. 760 of 2018, under Sections 498A, 506 IPC and 3/4 D.P. Act, Police Station Kapsethi, District Varanasi, pending in the court of Chief Judicial Magistrate, Varanasi.
Earlier this Court vide order dated 29.05.2018 referred the matter to the Mediation Centre High Court, Allahabad and in pursuance thereof the parties appeared before the mediator and settlement deed was arrived at between the parties on 28.02.2019 which forms part of the record, on the following terms:
(a) That the marriage of Sri Alok Kumar (Applicant No. 1, husband) and Smt. Shilpi Verma (O.P. No. 2, wife) was solemnized on 15.06.2015. Out of the aforesaid wedlock parties have a no issue. Due to strained relationship the parties have been living separately since October 2016.
(b) That Sri Alok Kumar Verma (Applicant No. 1, husband) and Smt. Shilpi Verma (O.P. No. 2, wife) have decided to take mutual divorce on the condition that the husband will pay a permanent alimony including Stridhan of Rs. 07 Lakhs (Rupees seven lakhs only) to the wife in 2 installments.
(c) That today i.e. 28.02.2019 the husband has produced a demand draft of Rs. 3.50 Lakhs (Rs three lakhs fifty thousand only, (1st installment) bearing No. 500299 dated 25.02.2019 issued by ICICI Bank drawn in favour of wife has been handed over to the her today and she has acknowledged the receipt of the same.
(d) That parties have filed a mutual divorce petition No. 275/19 under Section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court Varanasi and produced the order sheet and certified copy of the 13 B which is annexed to this Settlement Agreement. The next order fixed by Family Court is 24.08.2019.
(e) That it has been agreed between the parties that the remaining amount Rs. 3.50 Lakhs (Rs three lakhs fifty thousand only, (2nd installment) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgement of mutual divorce petition in the family court.
(f) That hereafter parties have no further claim against each other of any nature with regard to the present case.
(g) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement.
(h) That it has been agreed between the parties that the all Criminal and Civil cases filed by them against each other shall be withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month of this Settlement Agreement.
In view of the above, the proceedings of the aforesaid Criminal Case No. 760 of 2018, under Sections 498A, 506 IPC and 3/4 D.P. Act, Police Station Kapsethi, District Varanasi, pending in the court of Chief Judicial Magistrate, Varanasi are hereby quashed.
The application stands allowed.
Order Date :- 25.7.2019 Shivangi