Court No. - 72
Case :- APPLICATION U/S 482 No. - 13195 of 2018 Applicant :- Mohd. Anees And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vishal Singh,Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This is an application under Section 482 Cr.P.C. seeking to quash the entire proceedings of Case No. 269 of 2018, State vs. Mohd. Anees and others, arising out of case crime no. 186 of 20117, under sections 498A, 323, 506, 494 IPC and 3/4 of D.P. Act, P.S. Mahila Thana, District Moradabad pending in the court of A.C.J.M. Court No.5, District Moradabad.
3. Learned counsel for the applicant submits that this court vide order dated 19.4.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 3.1.2019 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 06 of the settlement/agreement dated 3.1.2019. Paragraph 06 of the said report reads as under:
"(a) That Applicant No. 1 and O.P. No. 2 (Mohd. Anees (Applicant No. 1, husband and Smt. Haseen Jahan (O.P. No. 2, wife) were married according to Muslim rituals in the year 2008. Out of aforesaid wed lock a son namely Mohd. Arbian at present aged about 09 years born, who he is staying in the custody of applicant no. 1. Parties are living separately since the year 2015.
(b) That applicant No. 1 and O.P. No. 2 have informed that they had already dissolved their marriage according to Muslim rituals and none of them have objection in this regard in any manner what so ever.
(c) That the parties agreed that their dispute resolved by amicable Settlement arrived out between the parties in village Panchayat on 16.12.2018 a original copy of settlement dated 16.12.2018 referred above is annexed as annexure to this Settlement Agreement.
(d) That applicant No. 1 has informed that he has deposited a sum of Rs. 03 Lakhs in cash payable to O.P. No. 2 with member Zila Panchayat Moradabad Sri Zarif Ahmad on 16.12.2018 and it was agreed between the parties that after settlement is recorded in the present case at Mediation Centre Allahabad High Court and the same shall be released in favour of O.P. No. 2 Smt. Haseen Jahan on production of copy of this Settlement O.P. No. 2 has also relying to agreed to aforesaid proposition. Now henceforth on the basis of this Settlement she shall be entitled to receive a sum of Rs. 03 Lakhs deposited by Applicant No. 1 with member Zila Panchayat Moradabad Sri Zarif Ahmad.
(e) That the parties agreed that after receiving the amount Rs. 03 Lakhs issuing receipt in lieu thereof all the disputes and difference between the parties shall stand concluded.
(f) That in terms of this Settlement as well as Settlement dated 16.12.2018 all the litigation initiated between the parties against their adversary or their family members shall be withdrawn/set a side/ got quashed by filing a copy of this Settlement as well as settlement dated 16.12.2018 and photo copy of the receipt issued by O.P. No. 2 upon receiving aforesaid amount Rs. 03 Lakhs.
(g) That O.P. No. 2 has agreed that the welfare of minor son Mohd. Arbian will be better while staying at the custody of his father Mohd. Anees, Applicant No. 1. Hence keeping the welfare of minor in mind she will not claim custody of minor son.
(h) That it has been agreed between the parties that they shall withdraw all the cases filed against each other and if any party is not cooperating the other party shall have right to quash the case and the opposite party shall have no right to oppose for it.
(i) That the contents of this Settlement Agreement has been read in Hindi in the presence of parties and their respective counsels and after that they have signed it."
4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 3.1.2019 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
5. The present application is allowed, subject to the applicant complying with the terms of settlement agreement noted above.
Order Date :- 27.9.2019 Akbar