1. Heard learned counsel for the applicant and Sri Uday Shankar Tiwari, learned counsel for O.P. No.2 as well as learned A.G.A. for the State.
2.The application under Section 482 Cr.P.C. has been filed for quashing the order dated 18.11.2017 passed by A.C.J.M. Court No. 04, Allahabad in Complaint Case No. 128 of 2017 (Ujma Mansuri Versus Azaz Ahmad and Others), Police Station Cantt., District Allahabad summoning the applicant alongwith other accused persons under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act for facing the trial as well as order dated 10.10.2018 passed by Additional District & Sessions Judge, F.T.C. Allahabad in dismissing the Criminal Revision No. 02 of 2018 filed by applicant.
3. Learned counsel for the applicant submits that this court vide order dated 15.2.2019 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 28.8.2019 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 28.8.2019. Paragraph 06 of the said report reads as under:
"a) That the marriage of Azad Ahmad (husband) and Ujma Mansuri (O.P. NO.2, wife) was solemnized on 05.04.2014. Out of aforesaid wedlock the parties have no issue. Due to strained relationship the parties are living separately since 31.7.2016.
b) That the parties have decided to mutual divorce on the condition that the husband will pay a permanent alimony/Stridhan of Rs. 5,50,000/- (five lakhs fifty thousand only) to the wife by way of demand draft duly drawn in favour of UZMA MANSOORI
c) That today i.e. 28.8.2019 the husband has produced a demand draft bearing No. 118175 dated 16.8.2019 drawn on State Bank of India for Rs. 5, 50,000/- (rupees five lakhs fifty thousand only) which is handed over today today to the wife namely Uzma Monsoori and she was acknowledged the receipt of the same.
d) That the following cases filed by the O.P. No.2 before the competent court Case No. 128 of 2017 under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act another case No. 74 of 2017 under Section 12 of D.V. Act, another case No. 875 of 2016 under Section 125 Cr.P.c. pending before the competent court as well as the complaint filed before the Bar Counsel of Uttar Pradesh being Complaint Case No. 149 of 2018 may be treated as withdrawn in terms of compromise the cases filed by the applicant also be treated as withdrawn after signing of the agreement.
e) that in view of the present settlement the parties have further mutually agreed that henceforth they will not claim any fresh rights and liabilities against each other in future and they will be free to their future life as per their own free will
f) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement, otherwise the aggrieved party will be free to take legal recourse.
g) That it has been agreed between the parties that the cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned with the settlement."
4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 28.8.2019 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
5. The present application is allowed, Order Date :- 30.9.2019 Akbar