Court No. - 72
Case :- APPLICATION U/S 482 No. - 7729 of 2017 Applicant :- Krishna Kant Shukla And 3 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Pankaj Srivastava,Kamla Kant Srivastava,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Krishna Dutt Awasthi
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajesh Kumar Srivastava, learned counsel for the applicants, Sri Krishna Dutt Awasthi, learned counsel for the opposite party no.2 and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet no.115 of 2016 dated 27.08.2016 in Case No. 841 of 2017 (State Vs. Krishna Kant Shukla & Others), District-Auraiya, arising out of Case Crime No. 73 of 2016, under Sections- 498-A, 323, 504 I.P.C.and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Auraiya, cognizance dated 29.11.2016 pending before the learned Chief Judicial Magistrate, Auraiya, District-Auraiya.
3. Learned counsel for the applicants states that the real dispute between the parties was private and civil in nature arises out of matrimonial discord between applicant no.1 and opposite party no.2. While the present proceedings have remained pending, a final settlement agreement reached between the parties before the Mediation Centre of this Court in the proceedings in Criminal Misc. Application No.21545 of 2018 arising from another criminal case between the parties. Thus, a final settlement dated 09.01.2019 reached between the parties and all such proceedings have been brought on record by means of supplementary affidavit.
4. A settlement/agreement had been arrived on 09.01.2019 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 09.01.2019. Paragraph 6 of the said report reads as under:
"6. In view of the Interim Settlement dated 12.12.2018, the following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Smt Saumya (Applicant No.1, Wife) and Sri Krishan Kant Shukla (son of O.P. No.2, husband) was solemnized on 29.04.2015. Out of the aforesaid wedlock parties have no issue. Due to strained relationship the parties have been living separately since 09.09.2015.
b) That as per Interim Settlement, Smt Saumya (Applicant No.1, Wife) and Sri Krishan Kant Shukla (son of O.P. No.2, husband) have decided to take mutual divorce on the condition that the husband will pay a permanent alimony including Stridhan of Rs.08 Lakhs (Rupees eight lakhs only) to the wife in 2 installments.
c) Today i.e. 09.01.2019 the husband has produced a demand draft of Rs.4 lakhs (Rs four lakhs only, (1st Installment) bearing No.405778 dated 13.12.2018 issued by PNB drawn in favour of wife has been handed to her today and she has acknowledged the receipt of the same.
d) That as agreed the parties have filed a mutual divorce petition No.2793/18 under Section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court at Kanpur City but unable to produce the certified copy of the same they have produced the zerox copy of the same which is annexed to this Settlement Agreement. Further the parties and their counsels have assured that they shall produce the certified copy of aforesaid 13 B petition in the Hon'ble Court.
e) That it has been agreed between the parties that the remaining amount Rs.4 Lakh (Rs four lakhs only, (2nd Installment) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgment of mutual divorce petition in the family court.
f) That hereafter parties have no further claim against each other of any nature with regard to the present case.
g) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement.
h) That it has been agreed between the parties that the all Criminal and Civil cases filed by them against each other shall be withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month of this Settlement Agreement."
5. Further, it has been stated that in terms of the final settlement reached between the parties, a sum of Rs.8,00,000/- is payable by the applicant no.1 to opposite party no.2 of which, Rs.4,00,000/- has already been paid and the balance of Rs.4,00,000/-
would be paid upon final order being passed and second motion petition in mutual divorce petition no.2793 of 2018 filed under Section 13B of the Hindu Marriage Act before the competent court, Principal Judge of Family Court, Kanpur Nagar.
6. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 09.01.2019 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
7. In view of the above, the present application is allowed.
Order Date :- 26.4.2019 S.Chaurasia