Court No. - 72
Case :- APPLICATION U/S 482 No. - 3511 of 2017 Applicant :- Guruprasad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.,Kamlesh Kumar Dwivedi
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ajay Kumar Pandey, learned counsel for the applicant; Sri Alok Singh, Advocate holding brief of Sri K.K. Dwivedi, learned counsel for the opposite party no. 2 and; learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 01.12.2015 as well as the entire proceedings of Complaint Case No. 689 of 2015 (Smt. Aarti Rathaur Vs. Radheyshyam & Ors.), under Sections- 498A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, Police Station- New Agra, District- Agra, pending in the court of learned A.C.J.M, Court No.6, Agra.
3. Learned counsel for the applicant submits that the present dispute arises out of matrimonial discord between the applicant and the opposite party no. 2. The present criminal case had been lodged against the applicant but that neither there was any criminal intent on part of the applicant nor any criminal offence had actually occurred.
4. Learned counsel for the applicant further submits that:-
(i) though the dispute between the parties were purely civil and private in nature, arising out of matrimonial discord between the parties;
(ii) the complaint came to be lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged;
(iii) there never was any criminal intent on part of the applicant nor any criminal offence as alleged had ever occurred;
(iv) there is no injury caused to any party and wholly exaggerated allegations had been made in the heat of the moment owing to estranged relationship and bruised egos;
(v) this court vide order dated 06.02.2017 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 30.07.2017 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 paragraph no.6 of the settlement/agreement dated 30.07.2017. Paragraph no.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 Guruprasad (applicant-husband) and Smt. Aarti Rathaur (opposite party no.2-wife), was solemnized on 25.04.2013. after some time the relations between the parties became strained and hence they started living separately since 01.07.2015. Out of the aforesaid wedlock, parties have a son, named Yash, about 3 years old; right now in the custody of Smt. Aarti Rathaur (opposite party no.2.
(b) That the parties have decided to take mutual divorce on the condition of a permanent alimony including Stridhan of Rs. 5,00,000/- (rupees five lakhs only); and Smt. Aarti Rathaur (opposite party no.2-wife) shall not be entitled for any further claims regarding maintenance, etc.
(c) That the amount of alimony shall be paid by Sri Guruprasad (applicant-husband) to Smt. Aarti Rathaur (opposite party no.2- wife) in two installments by way of demand draft. The demand draft shall be deemed in the name of Aarti Rathaur.
(d) That, today i.e. 30.07.2017, the demand draft of Rs.2,50,000/- (rupees two lakhs fifty thousand only), DD No.672171, dated 14.07.2017, issued by PNB, which was retained at the Mediation Center during interim settlement, has bene handed over to Smt. Aarti Rathaur (opposite party no.2) and she has acknowledged the receipt of the same.
(e) That in compliance of interim settlement dated 16.07.2017, parties have filed divorce petition no.1362 of 2017, under Section 13-B of Hindu Marriage Act, before the Principal Judge, Family Court, Agra, dated 18.07.2017, in which the next date has been fixed as 18.01.2018; and have produced the certified copies of the same, which has been annexed to this settlement agreement.
(f) That it has further been agreed between the parties that the remaining amount i.e. Rs.2,50,000/- (rupees two lakhs fifty thousand only) shall be paid as second installment by Sri Guruprasad (applicant-husband) to Smt. Aarti Rathaur (opposite party no.2-wife) at the time of final judgment in the above- mentioned divorce petition, mutually by the parties before the Principal Judge, Family Court, Agra.
(g) That it has further been agreed between the parties that all criminal, civil and other cases pending between the parties would be withdrawn by filing suitable application before the competent Court/Authority where possible, within one month from today and other cases will be sought to be quashed under an order of Hon'ble Court."
5. It is further submitted that after the successful mediation, the parties have dissolved their marriage. The marriage having been dissolved through a decree of Family Court, Agra dated 18.01.2018 in Divorce Petition No. 1362 of 2017. Further, the applicant has paid opposite party no. 2, Rs.5,00,000/- towards full and final settlement of all her money claim against that applicant for alimony or otherwise. Therefore, in such changed circumstances, the opposite party no. 2 does not wish to press charges against the present applicants.
6. In fact, it is submitted that if the criminal prosecution is allowed to proceed it may create further complication in the otherwise normal relationship that is arising between the hitherto bitterly estranged couple and their families.
7. In view of the fact that the dispute appears to be purely of a personal nature being a matrimonial dispute that has been mutually settled between the parties, to their satisfaction, no useful purpose would be served in allowing such a prosecution to proceed any further.
8. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case is hereby set aside.
9. The present application is accordingly allowed.
Order Date :- 29.4.2019 Abhilash