Court No. - 49
Case :- APPLICATION U/S 482 No. - 24415 of 2018 Applicant :- Kapil And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Arvind Kumar, learned counsel for the applicants, Sri Sunil Vashisth, learned counsel for the opposite party no.2 and learned AGA for the State as also perused the record.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 11.08.2017 as well as cognizance order dated 15.11.2017 and the entire proceeding of Case No. 3684 of 2017, (State Vs. Kapil and others), arising out of Case Crime No. 448 of 2017, under Section 498A, 323, 506 IPC and 3/4 D.P.Act, Police Station Mahila Thana, District Ghaziabad, pending in the court of Addl. Chief Judicial Magistrate-I, Ghaziabad.
It has been contended by learned counsel for the applicant that the dispute between the parties arises out of matrimonial discord. This Court vide order dated 24.01.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived on 24.05.2018 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. Paragraph nos. 6 a. to 6 e. reads as under:
"(6). The following settlement has been arrived at between the parties hereto:-
a) That the marriage of Sri Kapil Kumar (Son of Applicant No.2- Husband) and Smt. Jyoti (O.P. No.2- Wife) was solemnized on 24.4.2016. After living together for a period of around 8 months, the relations between the husband and wife became strained and they started living separately. No issue was born out of aforesaid wedlock.
b). The parties have decided to take mutual divorce on the condition of a permanent Alimony including Stridhan of Rs. 12,98,000/- (Rs. Twelve Lakhs ninety eight thousand only) in two installments.
c). That Sri Kapil Kumar (Son of Applicant No.2-Husband) and Smt. Jyoti (O.P. No.2-Wife) have already filed a mutual divorce petition no. 774/2018 on 18.4.2018 under section 13-B of Hindu Marriage Act before Principle Judge, Family Court, Ghaziabad. The final date in the aforesaid divorce petition is fixed on 30.10.018.
d). That Sri Kapil Kumar (Son of Applicant No.2-Husband) has already paid an amount of Rs. 6,50,000/- (1st installment) to Smt. Jyoti (O.P. No.2-Wife) through demand draft no. 865804 dated 28.3.2018 of Indian Bank Hardev Puri Delhi at the time of filing of first motion of divorce petition and balance amount of Rs. 6,48,000/- (2nd Installment) will be paid by Sri Kapil Kumar (Son of Applicant No.2-Husband) has deposited a demand draft of Rs. 6,48,000/- drawn on Indian Bank, Hardevpur, Delhi as security with the consel, Shri Ashwani Tyagi, (Chamber No.11, New Building, District Court, Ghaziabad, of Smt. Jyoti (O.P. No.2-Wife). The same shall be handed over to Smt. Jyoti (O.P. No.2-Wife) by her counsel at the time of filing of second motion.
e). That it has been agreed between the parties that all the Criminal and Civil Cases filed by parties against each other shall be withdrawn by them by taking appropriate steps before the court/Authorities concerned within two weeks of this Settlement Agreement."
It is further stated that the parties have now approached the Family Court by filing the divorce petition for dissolve of their marriage, which is pending consideration.
Sri Sunil Vashisth, Advocate has filed his appearance slip as also the personal affidavit (counter affidavit) of opposite party no.2. Paragraphs 15, 16 and 17 of the said counter affidavit reads as under:
15. That in reply of averments made in para no.21 of affidavit it is submitted that due to intervention of some elders the applicant no.1 and O.P. No.2 decided to settle their dispute and accordingly on 29.3.2018 a memorandum of understanding was executed between them. The averments regarding filing of mutual divorce petition and payment of alimony by applicant no.1 to answering opposite party as well as averments regarding withdrawing all case, civil or criminal, pending between them are correct. The answering opposite party affirms the memorandum of understanding dated 29.3.2018 which has been filed as annexure no.5 to the affidavit.
16. That the averments made in para no. 22 and 23 of affidavit regarding filing of divorce petition no. 774 of 2018 under section 13(B) of Hindu Marriage Act as well as settlement between applicant no.1 and answering opposite party in mediation center of Allahabad High Court are correct.
17. That the averments made in para no. 24, 25 and 26 of affidavit are correct. The applicant no.1 and O.P. No. 2 (answering opposite party) has settled their dispute and decided to withdraw all cases, civil or criminal, pending between them. It is submitted that in view of the settlement contained in memorandum of understanding dated 29.3.2018 as well as settlement dated 24.5.2018 executed before the mediation center of Allahabad High Court, the answering opposite party does not want to proceed further with impugned criminal case and she has no objection, in view of compromise in quashing of the proceedings of impugned criminal case."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 24.05.2018 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
The application is accordingly allowed. Order Date :- 31.7.2018 Lbm/-