Court No. - 81
Case :- APPLICATION U/S 482 No. - 32645 of 2019 Applicant :- Bhupendr Opposite Party :- State Of U.P. And 2 Other Counsel for Applicant :- Rajeev Kumar Saini Counsel for Opposite Party :- G.A.,Rakesh Kumar Rathore,Sanjeev Kumar
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant, learned counsel for the opposite party nos.2 and 3 and learned A.G.A. for the State.
TThe present 482 Cr.P.C. application has been filed to quash the summoning order dated 20.1.2018 as well as entire proceedings of Complaint Case No.2270 of 2017, under Sections 498-A, 323, IPC & 3/4 Dowry Prohibition Act, Police Station- Nawabganj, District-Farrukhabad, pending in the court of Additional Chief Judicial Magistrate, court no.9, Farrukhabad.
Learned counsel for the applicant submits that this court vide order dated 11.9.2019 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 7.1.2021 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 7.1.2021. Paragraph 7 of the said report reads as under:
"7. In view of the interim settlement dated 26.11.2020. The following settlement has been arrived at between the parties hereto:
a) That Mr. Bhupendr (Applicant-Husband) and Smt. Sonia @ Sonu (O.P. No.3-Wife) have already entered into an interim settlement on 26.11.2020 and decided to reunite and live together as husband and wife in perfect harmony forgetting all previous disputes and differences.
b) That after living together, the parties appeared before the Centre and stated to the mediator that they are satisfied with this reunion and further they want to continue if for the rest of their lives also. They further undertake to discharge all matrimonial obligations towards each other in respectful manner and not to commit any kind of cruelty against each other in any manner whatsoever.
c) That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities.
d) That the husband undertakes to take care of his wife and no provide all essential requirements and amenities to her in future.
e) That it has also been agreed between the parties that all the cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
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 recourse."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 7.1.2021 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
The present application is allowed. Order Date :- 29.10.2021 Mini