Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15623 of 2018 Petitioner :- Pradeep Gaud And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Rajpoot Counsel for Respondent :- G.A.,Sabhajeet Yadav
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Sanjay Rajpoot, learned counsel for the petitioners; learned AGA for the State respondent nos. 1 and 2; Sri Sabhajeet Yadav, learned counsel for the respondent no.3 and perused the record.
The instant petition seeks quashing of the first information report dated 27.05.2018 registered as Case Crime No. 0229 of 2018, under Sections 498-A, 313 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Pilibhit.
Considering that the matter had emanated from a matrimonial dispute between husband and wife, the Court by its order dated 22.06.2018, the matter was referred to the Mediation Centre of this Court for exploring possibility of settlement between the parties.
Pursuant to the order of this Court dated 22.06.2018, the Mediation Centre of this Court has submitted its report dated 10.01.2019, disclosing that mediation was completed and parties had arrived at a settlement. The settlement agreement dated 10.01.2019, which have been signed by Pradeep Gaud (the petitioner no.1) and Smt. Nisha Saini (the respondent no.3) have been placed before us under the report of Mediation Centre. The relevant paragraph of settlement agreement dated 10.01.2019, namely, paragraph 6 is extracted below:
"6. In view of the interim settlement dated 15.11.2018, following settlement has been arrived at between the Parties hereto:
a) That the marriage of Sri Pradeep Gaud (Petitioner No.1-husband) and Smt. Nisha Saini (Respondent no.3, wife) was solemnized on 10.12.2017. Due to strained relationship, the parties were living separately from the month of April, 2018. No issue was born out of aforesaid wedlock.
b) That as per Interim Settlement dated 15.11.2018, Sri Pradeep Gaud (Petitioner No.1-husband) and Smt. Nisha Saini (Respondent no.3, wife) had decided to reunite and live together as husband and wife in perfect harmony forgetting all previous disputes 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 future.
c) That both husband and wife have appeared before the Centre today and stated that they are already living together as husband and wife from 25.11.2018, and 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 provide all essential requirements and amenities to her in future.
f) That it has been agreed between the parties that all the cases filed by them against each other shall be withdrawn by the parties concerned (if any) by taking appropriate steps before the Court concerned.
g) That it has also 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.
In view of the aforesaid settlement agreement between the parties and keeping in mind the law laid down by the Apex Court in B.S. Joshi and others vs. State of Haryana and others 2003 (4) SCC 675 and Gian Singh vs. State of Punjab (2012) 10 SCC 303, the petition is entitled to be allowed and is accordingly allowed in terms of the aforesaid settlement. The First Information Report dated 27.05.2018 registered as Case Crime No. 0229 of 2018, under Sections 498-A, 313 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Pilibhit is hereby quashed.
Order Date :- 31.1.2019 Lbm/-