Court No. - 72
Case :- APPLICATION U/S 482 No. - 10721 of 2018 Applicant :- Mohan And 3 Ors Opposite Party :- State Of U.P And Anr Counsel for Applicant :- Sufiya Bano Counsel for Opposite Party :- G.A.,Azaz Ahmad
Hon'ble Rajiv Joshi,J.
Heard Shri Mohd. Akhtar, Advocate holding brief of Ms. Sufiya Bano, learned counsel for the applicants, learned A.G.A. for the State and Shri Azaz Ahmad, learned counsel for O.P. No.2.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 4.1.2018 passed by Judicial Magistrate, Court No.16, Azamgarh as well as entire proceedings of Complaint Case No. 179 of 2017, under sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Saraimeer, District Azamgarh.
This Court vide order dated 3.4.2018 referred the matter to the mediation centre. Pursuant to the order of this Court, parties appeared before the mediator in which settlement has been arrived between the parties on 5.10.2018. The terms and conditions of the settlement are quoted as under:
"a. That the marriage of Sri Mohan (Applicant No.1- Husband) and Smt. Sweta Vishwakarma (O.P. No.2- Wife) was solemnized on 01.05.2013. Due to strained relationships, parties were living separately from 20.7.2017. Out of the aforesaid relationships, parties have a daughter namely Pari at present aged about 2 years.
b. That the parties have decided to reunite and live together as husband and wife in perfect harmony forgetting all previous disputes and differences and they undertake to discharge all matrimonial obligations towards each other in respectful manner and undertake not to commit any kind of cruelty against each other in future and have agreed to live together as husband and wife and discharge their duties and responsibilities towards each other.
c. That both husband and wife have appeared before the Centre today and stated that they are living together as husband and wife from 19.9.2018, and they are fully satisfied with the reunion and further they want to continue it for the rest of their lives.
d. That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities.
e. That the husband undertakes to take care of his wife and daughter and provide all essential requirements and amenities to them in future.
f. That it has been agreed between the parties that all the cases filed by them against each other shall be withdrawn by the parties concerned (if any) by taking appropriate steps before the Court concerned.
g. That it has also been agreed between the parties that they shall not violate the terms and conditions of this settlement agreement otherwise the aggrieved party will be free to take legal recourse."
In view of above, proceedings of the aforesaid case are, hereby, quashed. The application stands allowed provided the parties shall abide the terms and conditions of the settlement.
Order Date :- 30.9.2019 T. Sinha