Court No. - 49
Case :- APPLICATION U/S 482 No. - 12140 of 2018 Applicant :- Prabhu Narayan Gupta And 3 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Udai Chandani Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed with a prayer to quash the entire proceedings in Session Trial No. 48 of 2017 arising out of Case Crime No. 465 of 2015, under Sections 147, 323, 308, 324, 394, 504, 506 read with Section 34 IPC, Police Station Cantt., District Varanasi, pending in the court of Additional Session Judge, Court No.9, Varanasi.
Learned counsel for the applicants submits that the dispute between the parties arises out of matrimonial discord. This Court vide order dated 12.4.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 29.5.2018 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 6 of the settlement/agreement dated 29.5.2018. Paragraph 6 of the said report reads as under:-
"6. In view of the interim settlement dated 1.5.2018, the following settlement has been arrived at between the parties hereto:-
a. That the marriage of Ms. Nilay Alias Sonal (wife) d/o Prabhu Narayan Gupta/Applicant no.1) and Sri and Sri Tarun Kumar s/o Late Vishwanath Gupta (O.P. No.2-husband) was solemnized in the year 2013. Out of aforesaid wedlock the parties have a son namely Tanmay Gupta (at present aged about 4 years). Due to some differences parties started living separately but since August, 2016 they are living together as husband and wife.
b. That the parties have decided to reunit and live together in perfect harmony forgetting all previous dispute and differences and they undertake to discharge all matrimonial obligations towards each other in respectful manner and undertake not to commit any kind of cruelty against each other in any manner whatsoever.
c. That today i.e. 29.5.2018, the husband and wife appeared before the Centre after living together and stated that they are fully satisfied with this reunion and further they want to continue it for the rest of their lives.
d. That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities.
e. That the husband undertakes to take care of his wife and son and provide all essential requirements and amenities to them in future.
f. That it has also been agreed between the parties that all the cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
g. That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement, otherwise the aggrieved party will be free to take legal recourse."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 29.5.2018 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
The application is allowed.
Order Date :- 27.7.2018 Mini