Court No. - 51
Case :- APPLICATION U/S 482 No. - 19144 of 2017 Applicant :- Deep Chand And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar,Ajay Kumar Pandey Counsel for Opposite Party :- G.A.,Udai Chandani
Hon'ble Vipin Sinha,J.
Heard Sri Ajay Kumar Pandey, learned counsel for the applicants, Sri Anjani Kumar, learned counsel, holding brief of Sri Udai Chandani, learned counsel for the opposite party no.2 and Sri Yogeshwar Rai, learned A.G.A. appearing for the State and perused the record.
The present application has been moved by the applicant with prayer to quash the entire proceedings of Criminal Complaint Case No.48 of 2017 (Dr. Anurag Vs. Megha Garg and others), under Sections 323, 504, 506, IPC and Section 3(1)(10) of SC/ST Act, Police Station Lanka, District Varanasi.
The Court has been informed that even though vide order dated 28.06.2017 an interim order was granted in favour of the applicant, however, attention of the Court has been drawn to the para-6(c), 6(e) and 7 of the settlement agreement dated 07.05.2018, which shows that this case was also settled between the parties before the mediation center, and the said settlement agreement dated 07.05.2018 is also applicable to the present case. A fact which has not been disputed by the counsel for the parties. The para-6(c), 6(e) and 7 of the settlement agreement dated 07.05.2018 is as under:-
1. "That pursuant of the said FIR, the university also suspended Dr. Anurag (Applicant) for a period of 15 days in the month of March 2017. It appears that some incident took place therefore which has given rise to lodging of an FIR by Dr. Anurag (Applicant) against Dr. Megha Garg (Opposite Party No. 2) under SC/ST Act. This has in turn led to the filing of Crl. Misc. Application No. 19144 of 2017 Dr. Anurag Vs. Dr. Megha & Others.
2. Dr. Anurag (Applicant) has tendered an unconditional apology to the satisfaction of Dr. Megha Garg (Opposite Party No. 2) and her mother, as a result whereof the disputes and differences arising out of Criminal Misc. Application No. 19144 of 2017 and Criminal Misc. Application No. 3194 of 2018 are hereby decided in terms of the said apology/compromise between the parties. It is made clear that all cases between the above- mentioned parties shall come to an end in terms of this compromise.
3. By Signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to Criminal Misc. Application No. 3194 of 2018 and all dispute and differences in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation."
Accordingly, the application succeeds and is allowed. The entire proceedings of Criminal Complaint Case No.48 of 2017 (Dr. Anurag Vs. Megha Garg and others), under Sections 323, 504, 506, IPC and Section 3(1)(10) of SC/ST Act, Police Station Lanka, District Varanasi, is hereby quashed. Consequences shall follow.
It is provided that each of the terms incorporated in paragraph 6(c), 6(e) and 7 of the settlement agreement dated 07.05.2018 are made Rule of this Court. All courts subordinate to this Court shall faithfully be bound to comply with the terms of the settlement as a Rule of this Court. It is also provided that both the parties to the settlement agreement are equally bound to abide by those terms of the said settlement agreement under our orders.
Let a copy of this order shall be provide to the parties concerned within two days from today, on payment of usual charges.
Order Date :- 26.9.2019/VKG