Court No. - 49
Case :- APPLICATION U/S 482 No. - 13518 of 2018 Applicant :- Faiz Alias Faiz Ahmad Ansari And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Reeta Kumari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 10018 of 2018 (State Vs. Faiz and Others), arising out of Case Crime No. 192 of 2017, under Sections- 313, 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Rail Bazar, District- Kanpur Nagar, pending in the court of C.M.M., Kanpur Nagar.
Learned counsel for the applicants submits that this court vide order dated 26.04.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 30.07.2018 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 6 of the settlement/agreement dated 30.07.2018. Paragraph 6 of the said report reads as under:
"6. The following settlement has been arrived at between the Parties hereto :-
a) That the marriage of Sri Faiz alias Raiz Ahamd Ansari (Applicant No. 1, husband) and Smt. Zainab Ansari (O.P. No. 3, wife) was solemnized on 01.11.2016. Due to strained relationship the parties have been living separately since last 27.07.2017. Out of aforesaid wedlock the parties have no issue.
b) That Sri Faiz alias Raiz Ahamd Ansari (Applicant No. 1, husband) and Smt. Zainab Ansari (O.P. No. 3, wife) have decided to take mutual divorce (Talaq) according to Muslim Law without any condition and alimony.
c) That parties have taken Talaq mutually today they have produced a Talaqnama duly signed by the parties and witness which is prepared on plain paper, the same has been annexed to this Settlement Agreement.
d) That hereafter parties have no further claim against each other of any nature with regard to the present matrimony case.
e) That it has been agreed between the parties that they shall comply with 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 30.07.2018 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
In view of the above, the present application is allowed.
Order Date :- 18.8.2018 Abhilash