Court No. - 75
Case :- APPLICATION U/S 482 No. - 27355 of 2018 Applicant :- Ankita And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Jaiswal,Amit Kumar Tiwari Counsel for Opposite Party :- G.A.,Ram Nath
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by counsel for the applicants today in Court, is taken on record.
Heard learned counsel for applicants, learned AGA for the State as well as Sri Ram Nath, learned counsel for Opposite Party No. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge- sheet along with cognizance order dated 17.07.2018 as well as entire criminal proceedings of Criminal Case No. 8365 of 2018 (State Vs. Ankita and others), under Sections 323, 506 IPC, Police Station Civil Lines, District Allahabad.
This Court vide its order dated 23.10.2019 has referred the matter to the Mediation Centre in order to enable the parties to reach an amicable settlement.
Pursuant to the said order dated 23.10.2019, parties have settled all their disputes and differences and in this regard, a settlement agreement dated 24.11.2019 has been drawn.
As per the settlement agreement, a sum of Rs.17,00,000/- was agreed to be paid to the applicant no.1 Ankita (wife) by the Opposite Party No.2 Rahul (husband) towards full and final settlement towards all her claims, permanent alimony, maintenance for past and future, streedhan and for any right accruing to her as a wife.
Pursuant to the said agreement dated 24.11.2019, a sum of Rs. 8,50,000/- vide Demand Draft No. 087176 dated 25.11.2019 has been handed over to the applicant no.1 Ankita today in Court. Opposite Party No.2 Rahul will pay the balance amount of Rs. 8,50,000/- in two installments i.e. the first installment of Rs.4,25,000/- will be paid through bank draft at the time of filing of the application for mutual divorce and the rest of the amount i.e. Rs. 4,25,000/- will be paid at the time of next date of six months before passing of judgment and decree.
In view of the settlement agreement made between the parties, she does not want to pursue the proceedings against her husband Opposite Party No.2 Rahul and she has no objection, if the present proceedings are quashed.
Learned counsel for the Opposite Party No.2 has stated that in view of the amicable settlement agreement made between the parties, entire criminal proceedings be quashed.
This Court is not unmindful of the judgements of the Apex Court in the cases of:-
1. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675.
2. Nikhil Merchant Vs. Central Bureau of Investigation [2008)9 SCC 677].
3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.
4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303.
5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
Wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.
Accordingly, the proceedings of Criminal Case No. 8365 of 2018, (State Vs. Ankita and others), arising out of Case Crime No. 10 of 2018, under Sections 323, 506 IPC, Police Station Civil Lines, District Allahabad are hereby quashed.
The application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 27.11.2019 Nadim