Court No. - 72
Case :- APPLICATION U/S 482 No. - 19314 of 2018 Applicant :- Rajesh Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Shri Sanjeev Kumar Rai, learned counsel for the applicants and learned A.G.A. for the State.
Present application under Section 482, Cr.P.C. has been filed for quashing the order dated 3.5.2018 passed by C.J.M., Ballia, whereby discharge application of the applicants was rejected as well as to quash the entire proceedings of criminal case No.2738 of 2016, arising out of case crime No.1370 of 2015, under Section 498-A, I.P.C. & 3/4 D.P. Act, P.S. Kotwali, District Ballia.
This Court vide order dated 29.5.2018 referred the matter to the Mediation Centre of this Court and in pursuance of the said order, parties appeared before the mediator and settlement was arrived between them on 26.2.2019. The terms and conditions of settlement are quoted as under:
"a) That the marriage of Sri Dushyant Singh (Son of Applicant No.1- husband) and Smt. Annu Singh (Sister of O.P. No.2, wife) was solemnized on 29.06.2012. Due to strained relation parties have been living separately since September 2013. Out of aforesaid wedlock the parties have no issue.
b) That as per Interim Settlement, Sri Dushyant Singh (Son of Applicant No.1-husband) and Smt. Annu Singh (Sister of O.P. No.2, wife) have decided to reunite and live together as husband and wife, accordingly they have been living together in perfect harmony forgetting all previous disputes and differences.
c) That today i.e. 26.02.2019, Sri Dushyant Singh (Son of Applicant No.1-husband) and Smt. Annu Singh (Sister of O.P. No.2, wife) have appeared before the Mediation Centre and stated to the mediators that they have been living together happily as per interim settlement and satisfied with the behavior of each other, they are happy with this reunion.
d) That the husband undertakes to take care of his wife and provide all essential requirements and amenities in future.
e) That husband and wife undertake that none of them will do any such act which is painful to other or hurt the feelings.
f) That both the parties assure each other that they shall make every possible effort for a happy and congenial relationship and environment.
g) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement.
h) 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."
In view of above, proceedings of the aforesaid case are, hereby, quashed. The application stands allowed.
Order Date :- 22.8.2019 T. Sinha