Court No. - 70
Case :- APPLICATION U/S 482 No. - 6607 of 2019 Applicant :- Chetan Dayal And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Nishant Mehrotra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Sri Nishant Mehrotra, learned counsel for the applicants, Sri G.S.Dubey & Sri Gopesh Dwivedi, learned counsel appearing for the opposite party no.2 & 3 and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistant of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants with a following prayer:-
i) Quash the charge-sheet dated 16.11.2013 (annexed as Annexure No.2 to the accompanying affidavit ) filed in Case Crime No.203 of 2013, Police Station Surajpur, District Gautambudh Nagar.
ii) Quash the summoning order dated 16.12.2013 (annexed as Annexure No.3 to the accompanying affidavit) issued by A.C.J.M. 2nd Gautambudh Nagar in Criminal Case No.19084 of 2013 under Sections 498A, 323, 504, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act.
It is contended by the learned counsel for the applicants that now the acrimonious relation between the parties concerned has come to an end and the issue between the parties concerned has been settled. The terms and conditions of the settlement has been made in writing by executing the memorandum of understanding dated 19.12.2018 between Chetan Dayal (husband/first party) and Kanika Sharma @ Kanika Dayal (wife/second party). The said memorandum of understanding has been filed in the proceeding under section 13 (B)(1) of the Hindu Marriage Act, 1955 pending as Divorce Petition No.1045 of 2018 in the court of Principal Judge, Family Court, Gautam Budh Nagar. The said memorandum of understanding dated 19.12.2018 appended as Annexure No.5 to the application.
As per first term and condition of aforesaid memorandum of understanding, the first party during filing of first motion in the proceeding under Section 13(B) 1 of the Hindu Marriage Act shall handover an amount of Rs.1,00,000/- to the second party.
It is submitted that the said amount has already been paid to the opposite party no.3 by the applicant no.1.
The second term and condition was that the first party shall handover an amount of Rs.1,00,000/- before this Court, in case, a petition for quashing the proceedings pursuant to Case Crime No.203 of 2013 under section 498A, 323, 504, 506 I.P.C and 3/4 Dowry Prohibition Act is filed before this Court. Today, the applicant no.1 and opposite party no.3 both are present before this Court and identified by their respective counsels. The applicant no.1 has handed over the Draft No.716013 dated 29.01.2019 of Rs.1,00,000/- of Bank of Baroda to the opposite party no.3 before this Court, which has been happily accepted by the opposite party no.3 without any objection.
The third term and condition of settlement is that the remaining amount of Rs.1,00,000/-, shall be given by the first party to the second party at the time of second motion in the proceeding under section 13 (B) 1 of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Gautam Budh Nagar.
It is submitted by the learned counsel for the applicants in presence of opposite party no.3 that the first and second conditions of the memorandum of understanding dated 19.12.2018 have been fulfilled. So far as the aforesaid third condition is concerned, it is submitted that the applicant no.1 undertakes to pay an amount of Rs.1,00,000/- to the opposite party no.3 on the next date fixed (i.e.12.07.2019) in Divorce Petition No.1045 of 2018, pending before Principal Judge, Family Court, Gautam Budh Nagar.
Learned counsel for the opposite party nos.2 & 3 submitted that on payment of remaining amount of Rs.1,00,000/- on 12.07.2019, the opposite party no.3 shall have no grievance in getting the Divorce Petition No.1045 of 2018 decided on the basis of mutual agreement between the parties concerned.
In view of above, it is submitted on behalf of the applicants that since the settlement took place between the parties, therefore, the impugned proceedings of Criminal Case No.19084 of 2013, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, against the applicants is liable to be quashed.
Learned counsel for the opposite party no.3 in presence of opposite party no.3 submitted that in the aforesaid circumstances, in case the impugned criminal proceedings against the applicants is quashed by this Court, the opposite party no.3 has no grievance. The averment in this regard has also been mentioned in the short counter affidavit dated 31.02.2019 filed on behalf of opposite party nos.2 & 3 sworned by Kanika Sharma @ Kanika Dayal, daughter of Mukesh Sharma.
Considering the above submissions, I think the interest of justice could be met, if aforesaid prayer of the parties concerned is acceded to and the criminal proceedings and other litigations between the parties is brought to an end. On making settlement/compromise between the parties in a matrimonial dispute, the chance of ultimate conviction is bleak and therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue.
Thus, in view of above, the application under Section 482 Cr.P.C. is liable to be allowed in terms of aforesaid memorandum of understanding dated 19.12.2018.
Consequently, the summoning order dated 16.12.2013 appended as Annexure No.3 to the affidavit and Criminal Case No.19084 of 2013, under sections 498A, 323, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, pending in the Court of Additional Chief Judicial Magistrate IInd, Gautam Budh Nagar, are hereby quashed.
However, it is made clear that in case the applicant no.1 fails to pay remaining amount of Rs.1,00,000/- to the opposite party no.3 as per third term and condition of memorandum of understanding dated 19.12.2018 on 12.07.2019, in the proceeding of Divorce Petition No.1045 of 2018, liberty is granted to the opposite party no.3 to move appropriate application for recall of this order before this Court.
At this stage, the applicant no.1 and opposite party no.3, who are present in person before this Court undertakes that on 12.07.2019, they shall appear personally in the proceeding of Divorce Petition No.1045 of 2018 pending before the Principal Judge, Family Court, Gautam Budh Nagar.
The present application u/s 482 Cr.P.C. is allowed in terms of memorandum of understanding dated 19.12.2018.
Order Date :- 25.2.2019 SKD