Court No. - 72
Case :- APPLICATION U/S 482 No. - 590 of 2018 Applicant :- Kapil Gahoi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Tiwari,Prabhakar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Supplementary affidavit filed today on behalf of the applicants is taken on record.
Heard Shri Ashutosh Tiwari, learned counsel for the applicants and learned A.G.A. for the State.
Present application under Section 482, Cr.P.C. has been filed for quashing the charge sheet dated 16.4.2017 in Case No.1090 of 2017 (State Versus Kapil Gahoi and another) arising out of Case Crime No.11 of 2017, under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station-Jalaun, District-Jalaun, pending in the court of learned Judicial Magistrate, Jalaun.
Earlier this Court vide order dated 12.1.2018 referred the matter to the mediation centre and pursuant to the said order, parties appeared before the mediator and following settlement has been arrived between them on 4.6.2018:
"a. In the educational/bank/government records of Smt. Khushboo Gahoi (O.P. No.2-Wife) her name is Smt. Khushboo Gupta. So in the subsequent paras Smt. Khushboo Gahoi (O.P. No.2-Wife) and Smt. Khushboo Gupta may be treated as one person.
b. That the marriage of Sri Kapil Gahoi (Applicant No.1-Husband) and Smt. Khushboo Gupta was solemnized on 03.12.2011. Due to strained relationship the parties are living separately from the month of July 2012. Out of aforesaid wedlock, parties have no issues.
c. That as per interim settlement dated 21.05.2018, the parties have decided to take mutual divorce on the condition of a permanent Alimony including Stridhan of Rs.30,00,000/- (Rs. Thirty lakhs only) which shall be paid by the husband to the wife in 2 installments.
d. That as agreed during interim settlement dated 21.05.2018, Sri Kapil Gahoi (Applicant No.1-Husband) and Smt. Khushboo Gupta have filed a mutual divorce petition no.238/2018 on 26.05.2018 under section 13-B of Hindu Marriage Act before Principle Judge, Family Court, Jalaun, Orai and provided the certified copy of the same which is being made part of this Settlement Agreement. The final date in the aforesaid divorce petition is fixed as on 26.11.2018.
e. That on 21.05.2018 Sri Kapil Gahoi (Applicant No.1-Husband) has produced a demand draft of Rs.20,00,000/- (1st Installment) bearing no.679699, dated 18.05.2018, drawn on CitiBank in favour of KHUSHBOO GUPTA, which was kept in the file of mediation centre. The above-mentioned demand draft has been handed over to Smt. Khushboo Gupta today and she has acknowledged the receipt of the same.
f. That it has been agreed between the balance amount of the aforesaid agreed alimony i.e. Rs.10,00,000/- (2nd Installment) will be paid by the husband to the wife by way of demand draft drawn in her favour at the time of final judgment in the divorce petition.
g. That in view of the above, it has been agreed between the parties that they shall not file any fresh case or complaint against each other and withdraw all the cases filed by them against each other by taking appropriate steps before the Court/authority concerned within two weeks of this Settlement Agreement."
In view of the above, the proceedings of the aforesaid case are quashed. The application stands allowed.
Order Date :- 26.7.2019 T. Sinha