Court No. - 70
Case :- APPLICATION U/S 482 No. - 28828 of 2017 Applicant :- Nitin Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nitin Kumar Agrawal Counsel for Opposite Party :- G.A.
And Case :- APPLICATION U/S 482 No. - 8039 of 2017 Applicant :- Manish Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nitin Kumar Agrawal Counsel for Opposite Party :- G.A.,Vishnu Pratap Pandey
Hon'ble Sanjay Kumar Singh,J.
Heard Sri Nitin Kumar Agarwal, learned counsel for the applicants in Criminal Miscellaneous Application Nos. 28828 of 2017 and 8039 of 2017 and Sri R. K. Shukla, learned counsel for the opposite party no.2 in both the aforesaid applications as well as learned A.G.A. for the State.
Criminal Miscellaneous Application No. 28828 of 2017 has been filed by brother-in-law (Jeth) Nitin Kumar and sister-in- law (Jethani) Smt. Priti of the opposite party no.2 with a prayer to quash the entire proceedings of Case No. 549 of 2017 arising out of Case Crime No. 173 of 2016, under Sections 498A, 323, 504, 506, 376/511 I.P.C. and Section 3/4 D. P. Act, PS- Mahila Thana, District- Gautam Budh Nagar pending in the Court of Judicial Magistrate Gautam Budh Nagar.
Criminal Misc. Application No. 8039 of 2017 has been filed by the husband Manish Kumar, father-in-law Ram Bux and mother-in-law Smt. Kusum of the opposite party no. 2 with a prayer to quash the charge sheet No. 5 of 2017 dated 08.01.2017 (wrongly mentioned as 08.01.2016) as well as the entire proceedings of Case No. 549 of 2017 arising out of Case Crime No. 173 of 2016, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D. P. Act, PS- Mahila Thana, District- Gautam Budh Nagar pending in the Court of Judicial Magistrate Gautam Budh Nagar.
On the request made by learned counsel for the parties both the aforesaid applications are being decided together.
It is submitted by learned counsel for the applicants that dispute between the parties is a matrimonial dispute. This Court by order dated 10.03.2017 passed in Criminal Miscellaneous Application U/S 482 No. 8039 of 2017 referred this matter to the Mediation before Mediation and Conciliation Centre High Court Allahabad. The Mediation Centre submitted its report dated 20.07.2017 bringing on record that settlement between the parties have been made. All the terms and conditions mentioned in the settlement agreement dated 20.07.2017 have been fulfilled. The settlement agreement entered into on 20.07.2017 between Sri Manish Kumar (applicant no. 1) and Smt. Anchal (opposite party no.2) is reproduced herein below:-
"1. Disputes and differences had arisen between the parties hereto Crl. Misc. Application No. 8039 of 2017 was filed before the Hon'ble High Court.
2. The matter was referred to mediation/conciliation vide order dated 10.03.2017 passed by bench of Hon'ble Rajesh Dayal Khare, J.
3. The parties agreed that Ms. Kamla Srivastava & Mr. Rajlakshmi Sinha, Advocates, would act as their Conciliators/Mediators, in the Mediation Case No. 1056/2017.
4. Several joint and separate meetings were held during the process of Conciliation/Mediation on 25.05.2017, 22.06.2017 and 20.07.2017 and the parties have with the assistance of the Mediators/Conciliators voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.
5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement in the presence of Mediators/Conciliators.
6. That the following settlement has been arrived at between the parties hereto:-
a) That the marriage of Sri Manish Kumar (Applicant No. 1) and Smt. Anchal (O.P. No. 2), was solemnized on 11.07.2016. Out of aforesaid wedlock the parties have no issue. After some time the relations between the parties became strained and hence they started living separately.
b) That the parties have decided to take mutual divorce on the condition of a permanent alimony including stridhan of Rs. 23,00,000/- (rupees twenty-three lakhs only); and Smt. Anchal (O. P. No.2) shall not be entitled for any further claims regarding maintenance etc.
c) That the amount of alimony shall be paid by Sri Manish Kumar (Applicant No.1) to Smt. Anchal (O.P. No.2) in two installments by way of demand draft; which shall be deemed in the name of Anchal.
d) That today i.e. 20.07.2017, Sri Manish Kumar (Applicant No. 1) has produced a demand draft of Rs. 11,50,000/- (rupees eleven lakhs fifty thousand only), DD No. 509261, dated 17.07.2017, issued by ICICI Bank; and the same has been handed over to Smt. Anchal ( O. P. No.2) and she has acknowledged the receipt of the same.
e) That the parties have filed divorce petition U/S 13-B of Hindu Marriage Act, before the Principal Judge, Family Court, Gautam Buddha Nagar, dated 19.07.2017, in which the date for the first motion has been fixed as 04.08.2017, as stated by the parties and have produced the photocopy of the application, duly signed by the parties, which has been annexed to this settlement agreement.
f) That it has further been agreed between the parties that the remaining amount i.e. Rs. 11,50,000/- (rupees eleven lakhs fifty thousand only) shall be paid as second installment by Sri Manish Kumar (Applicant No.1) to Smt. Anchal (O. P. No.2) at the time of final judgment in the above mentioned divorce petition, filed U/S 13-B of Hindu Marriage Act, before the Principal Judge, Family Court, Gautam Buddha Nagar.
g) That it has been agreed between the parties that Rs. 11,50,000/- (rupees eleven lakhs fifty thousand only) i.e. the second installment shall be deposited in the Family Court, Gautam Buddha Nagar, by the applicants, 15 days before the final judgement in the above mentioned divorce petition.
h) That it has been agreed between the parties that all Criminal, Civil and other cases pending between the parties would be withdrawn by filing suitable application before the competent Court/Authority where possible, within one month from today and other cases will be sought to be quashed under an order of Hon'ble Court.
7. By signing this Agreement the parties hereto state that they have no further claims or demands against each other with respect to Crl. Misc. Application No. 8039 of 2017 and also disputes and differences in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation."
It is submitted by learned counsel for the applicant that since the settlement took place between the parties and terms and conditions of the settlement has already been executed between the parties, therefore, the proceedings of Case No. 549 of 2017 under Sections 498A, 323, 504, 506, 376/511 I.P.C. and 3/4 D.
P. Act against the applicants on the basis of compromise in both the aforesaid Criminal Miscellaneous Applications are liable to be quashed.
Learned counsel for the opposite party no. 2/informant stated at bar that total amount of Rs. 23 lakhs was to be paid by the applicant no. 1 to the opposite party no.2 out of which only a sum of Rs. 11,50,000/- has been paid to the opposite party no. 2 and remaining amount of Rs. 11,50,000/- has been deposited by the applicant no. 1 through demand draft before the trial court.
At this stage, learned counsel for the applicants produced a certified copy of order dated 08.12.2018 passed by Principal Judge, Family Court, Gautam Budh Nagar alongwith photocopy of a demand draft no. 514317 dated 04.01.2019 of Rs. 11,50,000/- by contending that on quashing the proceedings against the applicants by this Court the said demand draft of Rs. 11,50,000/- shall be released in favour of the opposite party no.
2. The certified copy of order dated 08.12.2018 and photocopy of demand draft No. 514317 as produced by learned counsel for the applicants is taken on record.
Learned counsel for the opposite party no. 2 submitted that opposite party no. 2 has no objection, in case the above criminal proceedings is quashed by this Court. It is also submitted on behalf of opposite party no. 2/wife that she will not raise any objection and allegations against the applicants in respect of dispute in question involve in aforesaid two Criminal Miscellaneous Applications.
Thus, in view of above, the aforesaid applications under Section 482 Cr.P.C are liable to be allowed in terms of aforesaid settlement report of Mediation and Conciliation Centre keeping in view of well settled principle of law laid down by the Hon'ble Apex Court in case of B.S. Joshi Vs. State of Haryana 2003 (4) SCC 675 as well as in case of Nikhil Merchant Vs. Central Bureau of investigation and another J.T. 2008 (9) SC 192.
Consequently, further proceedings of Case No. 549 of 2017 under Sections 498A, 323, 504, 506, 376/511 I.P.C. and 3/4 D.
P. Act, PS Mahila Thana, District Gautam Budh Nagar pending in the Court of Judicial Magistrate, Gautam Budh Nagar against the applicants of both the aforesaid applications are hereby quashed.
The present applications u/s 482 Cr.P.C. No. 28828 of 2017 and 8039 of 2017 are allowed in terms of compromise/settlement report dated 20.07.2017 of Mediation and Conciliation Centre. The concerned Court below, where the draft No. 514317 dated 04.01.2019 of Rs. 11,50,000/- in favour of Aanchal Singhal has been deposited, shall release the same in favour of Aanchal Singhal/opposite party no. 2 immediately upon production of certified copy of this order before the Court concerned.
Order Date :- 21.1.2019/AKT