Court No. - 72
Case :- APPLICATION U/S 482 No. - 17744 of 2018 Applicant :- Nazmul Hasan And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.,Anjani Kumar Dubey
Hon'ble Rajiv Joshi,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 18.01.2018 and the order dated 08.05.2018 as well as the entire proceedings of Complaint Case No.6913 of 2017 (Mohd. Jafar Vs. Nazmul and others), under Section 4 of the Dowry Prohibition Act, Police Station Kannauj, District Kannauj, pending in the court of Chief Judicial Magistrate, Kannauj. .
3. Learned counsel for the applicant submits that this court vide order dated 21.5.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 14.12.2018 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 14.12.2018. Paragraph 06 of the said report reads as under:
"(a) That the instant case is a family dispute between Sri Nazmul Hasan (Applicant No. 1 and 03 and others) and Sri Mohd. Jafar Khan (O.P. No. 2) they all are relatives.
(b) That today i.e. 14.12.2018 Sri Nazmul Hasan (Applicant No. 1 and 03 and others) and Sri Mohd. Jafar Khan (O.P. No. 2) all are present for Settlement Agreement.
(c) That Smt. Chaman Bano daughter of Sri Nazmul Hasan (Applicant No. 1) was married on 12.05.2012 with Sri Mohd. Jafar Khan (O.P. No. 2), she died on 25.06.2017. Out of this wedlock a daughter Miss Iram Fatima was born.
(d) That Sri Nazmul Hasan (Applicant No. 1 and 03 and others) and Sri Mohd. Jafar Khan (O.P. No. 2) have decied to resolve the dispute on the condition that Miss Iram Fatima shall live with her father and her father shall bear expenses/provided all the facilities which is required to maintain livelyhood to a human e.g. medical facility, education facility and security.
(e) That Miss Iram Fatima shall free to meet with her maternal grandfather Sri Nazmul Hasan (Applicant No. 1) at any time or during the schoool holiday and also attend the family functions organised by her maternal grand father. As such they have settled the dispute amicably now no dispute exists between them.
(f) That thereafter parties have no further claim against each other of any nature with regard to the present case.
(g) That it has been agreed the parties that the all Criminal and Civil cases filed by them against each other shall be withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month of this Settlement Agreement.
(h) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement."
4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 14.12.2018 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