Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 26565 of 2018 Petitioner :- Prashant Singh Srivastava And 05 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Santosh Kr. Singh Paliwal Counsel for Respondent :- G.A., Nilay Kumar Pandey
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Santosh Kumar Singh Paliwal, learned counsel for petitioners and learned AGA for State of U.P.
2. This writ petition under Article 226 of Constitution has been filed seeking a writ of certiorari for quashing F.I.R. Dated 23.08.2018 registered as Case Crime No. 0555 of 2018, under Sections 323, 427, 498-A, 504, 506 I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station Shivpur, District Varanasi.
3. Matter was referred to Mediation and Conciliation Centre of this Court. As per report dated 17.04.2019 submitted by Deputy Registrar/ Incharge, Allahabad High Court, Mediation and Conciliation Centre, settlement/agreement has arrived between the parties and they have signed on 09.04.2019 and para- 6 of said settlement reads as under:-
“6. The following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Sri Prashant Singh Srivastava (Petitioner No.1, husband) and Smt. Vartika Srivastava (Respondent No. 3, wife) was solemnized on 19.11.2008. Out of the aforesaid wedlock parties have no issue. Due to strained relationship the parties have been living separately since August, 2011.
b) That parties have appeared before Mediation Centre and stated to the mediators that dispute between them is irreconcilable, hence they have decided to take mutual divorce.
c) That Sri Prashant Singh Srivastava (Petitioner No. 1, husband) and Smt. Vartika Srivastava (Respondent No. 3, wife) have decided to take mutual divorce on the condition that the husband will pay a permanent alimony including Stridhan of Rs. 08 Lakhs (Rupees eight lakhs only) to the wife in 2 installments.
d) Today i.e. 09.04.2019 the husband has produced 02 demand drafts of Rs. 05 Lakhs (Rupees five lakhs only, (1st Installment) bearing No. 410363 dated 08.04.2019 of Rs. 04 Lakhs and bearing No. 410362 dated 08.04.2019 of Rs. 01 Lakh both the drafts are issued by Indusland Bank Munshipulia Lucknow branch drawn in favour of wife which are being kept in the Mediation file and shall be handed over to the wife after filing of 13-B Hindu Marriage Act.
e) That the parties shall file a mutual divorce petitioner under Section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court Varanasi on 27.04.2019 and produce the certified copy of the same on the next date of mediation i.e. 30.04.2019.
f) That it has been agreed between the parties that the remaining amount Rs. 03 Lakhs (Rupees three lakhs only, 2nd Installment) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgement of mutual divorce petition in the family Court.
g) That it has also been agreed between the parties that all the cases filed by them against each other shall be kept in abeyance/not press during this intervening period.”
4. In view of above settlement between parties, F.I.R. Dated 23.08.2018 registered as Case Crime No. 0555 of 2018, under Sections 323, 427, 498-A, 504, 506 I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station Shivpur, District Varanasi, impugned in this writ petition and further proceedings therein, are hereby quashed.
5. Writ petition is allowed and decided in terms of aforesaid settlement between the parties.
Order Date :- 27.11.2019 Siddhant Sahu