Court No. - 85
Case :- APPLICATION U/S 482 No. - 31259 of 2019 Applicant :- Arjun Singh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A.,Sanjay Singh
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of summoning order dated 9.1.2018, passed by Additional Chief Judicial Magistrate, Court No.4, Agra, as well as entire proceeding of Complaint Case No. 6725 of 2017 (Yogendra Singh vs. Arjun Singh and Ors.), U/s 452, 504, 506 I.P.C., Police Station- Shahganj, District- Agra.
Learned counsel for the applicant submits that this court vide order 9.9.2019 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 17.12.2020 between the parties. A copy of the same is on record. Perusal of the settlement/agreement thus reached reveals that the parties have amicably settled their dispute and further agreed to withdraw the cases between them. The said fact has been mentioned in para 7 of the settlement/agreement dated 17.12.2020. Paragraph 7 of the said report reads as under:
"7) In view of the Interim Settlement Agreement dated 08.12.2020. The following settlement has been arrived at between the Parties hereto:-
a) That the parties have settled their dispute and decided take mutually divorce and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Agra which is registered as Petition No. 2118 of 2020. The certified copy of aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court.
b) That the parties have settled their dispute on the condition that the applicant-husband shall pay a permanent alimony includingStridhan of Rs. 02,00,000/- (Rupees Two Lakhs only) to the wife by way demand draft in installments.
c) That demand draft bearing no. 000072 dated 05.12.2020 for Rs. 1,00,000/- (Rupees One Lakh only) drawn on Bank of India in favour of MISS MANJU (wife) and which has been handed over to the wife i.e. Applicant No.5 today i.e. 17.12.2020 by the applicant-husband and she has acknowledged the receipt of the same.
d) That it has been agreed between the parties that the remaining amount i.e. Rs. 1,00,000/- (Rupees One Lakh only) shall be paid by the O.P. No.2 (applicant-husband) to Smt. Manju (Applicant No.5-wife) at the time of final judgement in Family Court, Agra by way of demand draft of a nationalized bank.
e) That it has been agreed between the parties that the all criminal and civil cases filed by them against each other shall be withdrawn /get quashed by them by taking appropriate steps before the Court/Authorities concerned in view of the this settlement-agreement.
f) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement, otherwise the aggrieved party will be free to take legal course."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 17.12.2020 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
The present application is allowed.
Order Date :- 30.7.2021 Vandana