Court No. - 49
Case :- APPLICATION U/S 482 No. - 22237 of 2018 Applicant :- Mukesh Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 15.12.2009 as well as the entire proceedings of Case No. 551 of 2010 (State Vs. Mukesh Gupta), arising out of Case Crime No. 157 of 2009, under Sections- 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Bareilly, pending in the court of C.J.M., Bareilly.
On 03.07.2018, this Court has passed the below quoted order:
"Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 15.12.2009 as well as proceeding of Case No. 551/2010 (State Vs. Mukesh Gupta), arising out of Case Crime No. 157/2009, under Section 498-A, 323, 504, 506 I.P.C., and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Bareilly, pending in the court of C.J.M., Bareilly.
Learned counsel for the applicant submits that the present case arises out of matrimonial discord between the applicant no. 1 and opposite party no.
2. The same had given rise to an earlier proceeding in First Appeal No. 591 of 2015 (Mukesh Gupta Vs. Smt. Yukti Gupta) that was referred to the Mediation Centre attached to this court.
The mediation report dated 23.11.2017 has been annexed with the affidavit in support of the present application disclosing a final settlement having been reached between the parties. It is further stated that the joint application filed under Section 13-B, Hindu Marriage Act being No. 1515 of 2017 has already been allowed and the marriage of the parties stands dissolved. Even the opposite party no. 2 is not opposed to the present application being allowed.
Considering the above, issue notice to the opposite party no. 2 fixing 6.8.2018, on which date opposite party no. 2 may file her response.
List on 6.8.2018.
Till the next date of listing, no coercive measure shall be taken against the applicant in the aforesaid case."
It is then stated a settlement/agreement had arrived on 23.11.2017 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 6 of the settlement/agreement dated 23.11.2017. Paragraph 6 of the said report reads as under:
"6. In view of the Interim Settlement dated 02.11.2017, the following settlement has been arrived at between the parties hereto:-
a). That the marriage of Sri Mukesh Gupta (Appellant, husband) and Smt. Yukti Gupta (Respondent -wife), was solemnized on 29.01.2006. Out of aforesaid wedlock the parties have a daughter namely Miss Osheen Gupta @ Koki at present 10 years of age. Due to strained relationship the parties have been living separately since last 2 years and 6 months.
b). That as per Interim Settlement parties have decided to take mutual divorce on the condition of a permanent alimony including Stridhan Rs. 8,00,000/- (Rupees Eight lacs only) to the wife Smt. Yukti Gupta in 02 installments.
c). That as agreed during Interim Settlement parties have filed a mutual divorce petition No. 1515/17 under Section 130B of Hindu Marriage Act, before the court of Family Judge, Bareilly and produced the certified copy of the same which is annexed to this Settlement Agreement. The final date in aforementioned mutual divorce petition is fixed as 15/5/2018.
d). That, on 02/11/2017, Appellant-husband had produced a demand draft of rs. 5,00,000/- (Rupees Five lacs only (1st Installment of alimony) bearing No. 890049, dated 30/10/2017 issued by SBI Bara Bazar Bareilly Brach drawn in favour of wife, which was retained in the case. The above mentioned draft has been handed over to the wife today and she has acknowledged the receipt of the same.
e). That it has been agreed between the parties that the rest amount i.e. Rs. 3,00,000/- (2nd Installment) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgment of aforesaid mutual divorce petition fore the Family court at Bareilly.
f). That hereafter parties have no further claims against each other of any nature.
g). That it has been agreed between the parties that all the cases, either civil or criminal, filed by them against each other will be withdrawn by the parties concerned by taking appropriate steps before the Court concerned."
Sri Shashi Prakash Rai, learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the submission advanced by learned counsel for the applicant. In fact, it has been stated that the parties have resolved their differences and the opposite party no. 2 does not wish to press charges against the applicant.
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 23.11.2017 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
In view of the above, the present application is allowed.
Order Date :- 21.8.2018 Abhilash