Court No. - 81
Case :- APPLICATION U/S 482 No. - 11648 of 2019 Applicant :- Mubeen Khan Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Azad Khan Counsel for Opposite Party :- G.A.,Amit Kumar Srivastava,Arunesh Khare
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant, learned counsel for the opposite party nos. 2 and 3 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 23.1.2019 passed by learned Principal Judge Family Court, Hamirpur as well as entire proceedings of Case No.164 of 2015 (Khushnuma Vs. Mubeen Khan), under Section 125 Cr.P.C., Police Station Maudaha, District Hamirpur.
The applicant had earlier approached this Court by way of filing Application U/s 482 No. 30920 of 2018 seeking quashing the charge sheet dated 5.9.2017, bearing no.217 of 2017, cognizance order dated 28.3.2018 as well as the entire proceedings of Case No.59 of 2018 (State of U.P. Vs. Saeed Khan), arising out of Case Crime No.437 of 2017, under Sections 452, 323, 504, 506 IPC, Police Station Maudaha, District Hamirpur, which was initiated by the opposite party no.2, who is the wife of the applicant, which was referred to the mediation pursuant to the direction of the Court dated 6.9.2018. In the mediation proceedings the parties have arrived at a settlement and agreed to take mutual divorce on payment of permanent alimony of Rs. 12 lacs by the husband (applicant) to the wife (opposite party no.2), which has already been paid as is evident from the order of this Court dated 5.10.2020 passed in the aforesaid 482 application.
Taking into consideration the terms and conditions of the settlement agreement arrived at between husband and wife, this Court had been pleased to quash the proceeding of Case No.59 of 2018 (State of U.P. Vs. Saeed Khan), arising out of Case Crime No.437 of 2017, under Sections 452, 323, 504, 506 IPC, Police Station Maudaha, District Hamirpur.
The present 482 Application has been filed by the husband against the order granting maintenance to the opposite party nos. 2 and 3.
Learned counsel for the parties are aggriable that in terms of the settlement agreement, the parties have consented too not to prosecute any further and have parted their ways and the present application may be allowed.
In view of the undisputed position as mentioned above and considering the settlement agreement arrived at between the parties, the instant present application is allowed and the proceedings in the aforesaid case is hereby quashed.
Order Date :- 28.10.2021 Mini