Court No. - 44
Case :- APPLICATION U/S 482 No. - 25113 of 2016 Applicant :- Padam Sambhav And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Akhilesh Kumar Mishra
Hon'ble Rajeev Misra,J.
Heard Mr. Sateyndra Narayan Singh, learned counsel for the applicants, the learned A.G.A. for the State and Mr. Rajesh Shukla, Advocate holding brief of Mr. Akhilesh Kumar Mishra, learned counsel for the opposite party no.2.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 2nd August, 2016 passed by the Judicial Magistrate, Sant Kabir Nagar, in Complaint Case No. 541 of 2015 (Alka vs. Padam Sambhav & Others), under Sections 498-A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Bakhira, District Sant Kabir Nagar as well as the entire proceedings of the above mentioned complaint case.
The present application came up for admission before this Court on 23rd August, 2016 and the Court passed the following interim order:
" Heard learned counsel for the applicants, learned AGA and perused the records.
This matter relates to matrimonial dispute. Learned counsel for the applicants informs that there is possibility of mediation between the parties. Their matter may be referred for mediation. His request for referring the matter to mediation is accepted.
Let this matter be sent to Mediation and Conciliation Centre, High Court, Allahabad. Before referring this matter, the applicant no.1/husband will deposit a sum of Rs.7,500/- within three weeks from today in the account head of the Registrar General Mediation and Conciliation Centre, Allahabad, High Court, Allahabad, which will be paid to opposite party no.2/wife during mediation proceedings. Mediation proceedings will be decided within six months and accordingly report be sent to this Court.
Till next date of listing, proceeding of impugned summoning order dated 02.08.2016 passed in criminal case no. 541 of 2015, (Alka Vs. Padam Sambhav and Others) under Sections 498A, 323 of IPC and Section 3/4 Dowry Prohibition Act, P.S. Bakhira, District Sant Kabir Nagar, pending in the Court of Judicial Magistrate, District Sant Kabir Nagar, shall remain stayed.
List after receipt of report of mediation report.
After depositing the aforesaid amount, notice shall be issued to the parties, and in case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically stands vacated."
In compliance of the order of the Court dated 23rd August, 2016, the applicants deposited the requisite amount before the Mediation and Conciliation Centre, High Court, Allahabad and as a consequence thereof, notices were issued to the opposite party no.2 to come and participate in the mediation proceedings to be held in compliance of the interim order dated 23rd August, 2016.
Consequently, the mediation proceedings commenced before the Mediation and Conciliation Centre, High Court, Allahabad and parties arrived at a settlement therein. As a result, the Mediation and Conciliation Centre, High Court, Allahabad prepared the settlement agreement dated 28th February, 2017, wherein the terms and conditions of the settlement so arrived at between the parties were recorded. Clause-6 of the Settlement Agreement dated 23rd February, 2017 contains the terms of the settlement, which are reproduced here-under:
"6. In view of the Interim Settlement dated 31.01.2017, the following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Sri Padam Sambhav (Applicant No.1-husband) and Smt. Alka (O.P. No.2- wife) was solemnized on 07.05.2014. Out of the aforesaid wedlock parties have no issue. Due to strained relationship the parties had been living separately since 20.05.2015.
b) That Sri Padam Sambhav and Smt. Alka as per Interim Settlement dated 31.01.2017 have decided to take mutual divorce on the condition that the husband will pay a permanent alimony/Stridhan of Rs. 3.80 Lacs (rupees three lacs eighty thousand only to the wife Smt. Alka in two installments.
c) That on 31.01.2017, the husband had produced Demand Drafts of 1.90 lakhs, bearing No. 051837 dated 21.01.2017 issued by SBI drawn in favour of wife, which was retained at the mediation centre has been handed over to the wife today and she has acknowledge the receipt of the same.
d) That as agreed the parties have filed a mutual divorce petition No. 37/2017 under section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court at Sant kabir Nagar on 15.02.2017 and produced the certified copy of the same which has been annexed to this Settlement Agreement.
e) That it has been agreed between the parties that the rest amount i.e. 1.90 lakhs (Rs. one lac ninety thousand only) shall be paid by the husband to the wife by way of demand draft drawn in her favour at the time of final judgment in aforesaid mutual divorce petition before the Family Court, Sant Kabir Nagar.
f) That it has also been agreed between the parties that after receiving full and final alimony the wife shall not claim any kind of maintenance. It has also been agreed between the parties that now the wife shall not claim maintenance u/s 125 Cr.P.C. which was allowed her by the Principal judge Family Court, Sant Kabir Nagar order dated 28.10.2016 (xerox copy annexed.)
g) That it has been agreed between 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.
h) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement, otherwise the aggrieved party will be free to take legal recourse. "
Thereafter the Mediation and Conciliation Centre, High Court, Allahabad has submitted its report dated 28th February, 2017 addressed to the Court appending along with the same the original Settlement Agreement dated 28th February, 2017 stating therein that the mediation is completed and the copy of the agreement is enclosed.
Pursuant to the settlement arrived at between the parties the applicant no.1 Padham Sambhav, who is the husband of the opposite party no.2 filed a suit for a decree of divorce under Section 13-B of the Hindu Marriage Act vide plaint dated 15th February, 2017. The said suit came to be decreed vide judgment and decree dated 27th March, 2018. Pursuant to the settlement agreement and prior to the disposal of the divorce suit, the applicant no.1 deposited a sum of Rs. 1,90,000/- (rupees one lac ninety thousand only) by means of bank draft dated 21st January, 2017 payable to the opposite party no.2 with the Mediation and Conciliation Centre, High Court, Allahabad. The same has been received by the opposite party no.2.Thereafter the balance amount of Rs. 1,90,000/- (rupees one lac ninety thousand only) was also paid by the applicant no.1 to the opposite party no.2 by means of the bank draft bearing no. 8865. With the payment of the aforesaid amount, the permanent alimony that was required to be paid to the opposite party no.2 under the terms of the Settlement Agreement dated 28th February, 2017 stood complied with.
On the aforesaid factual premise, learned counsel for the applicants submits that no useful purpose shall be served in prolonging the proceedings of the above mentioned complaint case, as the parties have amicably settled their dispute, which is explicit from the Settlement Agreement dated 28th February, 2017. Further more that passing of the decree by the Family Court in Divorce Suit under Section 13-B of the Hindu Marriage Act, the matrimonial relationship between the applicant no.1 and the opposite party no.2 has also come to an end. He, therefore, submits that this Court in exercise of its jurisdiction under Section 482 Cr.P.C. may itself quash the proceedings of the above mentioned complaint case to do complete justice instead of relegating the parties to the court below.
Mr. Rajesh Shukla, Advocate holding brief of Mr. Akhilsh Kumar Mishra, learned counsel for the opposite party no.2 does not dispute the settlement arrived at between the parties in the mediation proceedings conducted at the Mediation and Conciliation Centre, High Court, Allahabad and its culmination by by way of Settlement Agreement dated 28th February, 2017. The filing of the divorce suit under Section 13-B of the Hindu Marriage Act by the applicant no.1 and the same being decreed by the court below vide judgment and order dated 27th March, 2018 also remains undisputed. It is further not disputed that the amount of permanent alimony at Rs. 3,60,000/- (rupees three lac sixty thousand only) required to be paid by the applicant no.1 under the terms of the Settlement Agreement dated 28th February, 2017 has also been paid to the opposite party no.1. He, thus, submits that no further cause of action survives with the opposite party no.2 to pursue the above mentioned complaint case filed by her.
This Court is not unmindful of the following judgements of the Apex Court:
1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,
2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
5. Narindra Singh and others Vs. State of Punjab;
( 2014) 6 SCC 466, In the aforesaid judgments, the Apex Court has categorically held wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned complaint case, as the parties have settled their dispute by means of Settlement Agreement dated 28th February, 2017.
Accordingly, the proceedings of Complaint Case No. 541 of 2015 (Alka vs. Padam Sambhav & Others), under Sections 498-A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Bakhira, District Sant Kabir Nagar, pending in the court of the Judicial Magistrate, Sant Kabir Nagar, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
(Rajeev Misra, J.) Order Date :- 18.8.2018 Sushil/-