Court No. - 72
Case :- APPLICATION U/S 482 No. - 16952 of 2018 Applicant :- Mohit Rathi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A.,Upendra Kumar Singh,Yogendra Pal Singh
Hon'ble Rajiv Joshi,J.
Supplementary affidavit filed today is taken on record.
The present application under Section 482 Cr.P.C. has been filed to quash the impugned summoning order dated 23.03.2018 passed by Chief Judicial Magistrate, Meerut in Case No. 8981 of 2018 (State Vs. Mohit Rathi), arising out of charge-sheet No. 113 of 2017 dated 07.09.2017 bearing Case Crime No. 165 of 2017, under Section- 364 I.P.C., Police Station- Pallavpuram, District- Meerut, pending in the court of Chief Judicial Magistrate, Meerut.
In the supplementary affidavit, it is stated that the matter being a matrimonial dispute between husband and wife was earlier referred to the Mediation Centre in Criminal Writ Petition No. 13131 of 2017 for quashing the First Information Report lodged by Smt. Akshita Chaudhary (wife) against Mohit Rathi (applicant-husband) and his family members in regard to Case Crime No. 104 of 2017, under Sections- 498-A, 323, 354, 313, 307, 504 I.P.C. & Section- 3/4 D.P. Act registered at P.S.- Pallavpuram, District- Meerut in which the matter was settled between the parties.
Pursuant to the said settlement, a divorce petition on mutual consent was filed under Section 13-B of the Hindu Marriage Act, which is pending before the court below. In terms of the compromise/settlement, a sum of Rs. 8,00,000/- has already been paid by husband to her wife and rest amount of Rs. 6,50,000/- was agreed to be paid at the time of disposal of the petition under Section 13-B of Hindu Marriage Act towards permanent alimony. In the compromise deed, it was also stated that the parties shall not contest the cases filed against each other and will withdraw all the cases in terms of the said compromise/settlement.
In view of the above settlement/compromise, the proceedings of the aforesaid case are hereby quashed.
The application stands allowed.
Order Date :- 25.9.2019 Shivangi