Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 31233 of 2018 Petitioner :- Lokendra And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amitabh Agarwal Counsel for Respondent :- G.A.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Amitabh Agarwal, learned counsel for petitioners and learned AGA for State of U.P.
2. This writ petition under Article 226 of Constitution has been filed seeking a writ of certiorari for quashing F.I.R. No. 0512 of 2018 dated 10.07.2018, under Sections 498-A, 323, 504, 506 I.P.C., Police Station Dadri, District Gautambudh Nagar.
3. Matter was referred to Mediation and Conciliation Centre of this Court. As per report dated 15.05.2019 submitted by Deputy Registrar/ Incharge, Allahabad High Court, Mediation and Conciliation Centre, settlement/agreement has arrived between the parties and they have signed on 07.05.2019 and para- 6 of said settlement reads as under:-
“6. In view of the Interim Settlement dated 12.03.2019, the following settlement has been arrived at between the Parties hereto :-
a) That the marriage of Sri Lokendra (Petitioner No. 1, husband) and Smt. Gautami (Respondent No. 3, wife) was solemnized on 29.10.2009. Out of the aforesaid wedlock parties have no issue. Due to strained relationship the parties have been living separately since last 2 ½ years.
b) That parties have appeared before Mediation Centre and stated to the mediators that disputed between them is irreconcilable, hence they have decided to take mutual divorce.
c) That Sri Lokendra (Petitioner No.1, husband) and Smt. Gautami (Respondent No. 3, wife) have decided to take mutual divorce on the condition that the husband will pay a permanent alimony including Stridhan of Rs. 12.60 Lakhs (Rupees twelve lakhs sixty thousand only) to the wife in 3 installments.
d) The parties have entered an Interim Settlement on 12.03.2019 on which date the husband has deposited a demand draft bearing No. 565581 dated 08.03.2019 for Rs. 04 Lakhs in the name of wife which was kept in Mediation file.
e) On the next date 09.04.2019 the applicant has come up 2nd installment of Rs. 4 Lakhs in the name of O.P. No. 2 by way of demand draft No. 227759 dated 06.04.2019 issued by Bank of Baroda both the aforesaid demand drafts have been handed over to the wife and she has acknowledged the receipt of the same.
f) The parties have also produced a certified copy of mutual application moved by them under Section 13-B of Hindu Marriage Act on 18.03.2019. The certified copy of the order dated 18.03.2019 passed by Family Court Gautambudh Nagar in the above application has also been produced. The same are taken on record.
g) In view of the above both the parties have satisfied the condition of Interim Settlement dated 12.03.2019 and such are ready for Final Settlement.
h) As agreed by the parties that last installment of the one time Settlement amount (alimony) of Rs. 4.60 Lakhs shall be paid by the husband to wife on the date fixed by the Family Court for passing the Final Decree of Divorce on which date the wife will give her final consent for mutual divorce.
i) In view of the present Final Settlement Agreement both the parties have agreed that they will not claim any further rights or liabilities against each other in future. That they will be free to live their future lives as per their own free will and accord.
j) The parties have further agreed that they will withdraw/ not press all the cases filed by them against each other in pursuance to the present matrimonial dispute including:-
(i) Case No. 395/12/18 filed by Chatrapal Singh Vs. Gautami Singh and Others u/s 153 Cr.P.C. pending in the Court of ACJM, Hathras.
(ii) Case No. 933/18 u/s 9 of Hindu Marriage Act pending in Family Court, Hathras.
(iii) Divorce Case No. 454/18 Smt. Gautami Vs. Lokendra u/s 13(i) of Hindu Marriage Act pending in the Family Court, Gautambudh Nagar.
(iv) Case No. 512/18 u/s 498-A, 323, 504, 506 IPC and ¾ D.P. Act, PS Dadri, Distt. Gautambudh Nagar.
(v) Another case pending in the JM Sadar, Distt Hathras u/s 156(iii) Cr.P.C.
k) The parties have finally agreed that they will not file any fresh case against each other in respect to the present matrimonial case.
l) As per the Interim Settlement dated 12.03.2019 the wife has handed over all the original paper of the Maruti Alto Car UP13U- 9061 to the husband along with the form 28 and 30 duly signed by her for transferring of the ownership of aforesaid vehicle.”
4. In view of above settlement between parties, F.I.R. No. 0512 of 2018 dated 10.07.2018, under Sections 498-A, 323, 504, 506 I.P.C., Police Station Dadri, District Gautambudh Nagar, impugned in this writ petition and further proceedings therein, are hereby quashed.
5. Writ petition is allowed and decided in terms of aforesaid settlement between the parties.
Order Date :- 29.11.2019 Siddhant Sahu