Court No. - 40
Case :- APPLICATION U/S 482 No. - 43267 of 2018 Applicant :- Rameshwar Prasad Sharma Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Sri Ajay Kumar, learned counsel for the applicant and learned AGA for the State.
This application under Section 482, Cr.P.C. has been filed with a prayer to direct the court below to decide the application dated 27.4.2018 as paper no. 20 Kha & 21 Kha filed in Criminal Appeal No. 24 of 2017 by the applicant within stipulated time, under Section 29 of Domestic Violence Act (Ramshwar Prasad Sharma and others Vs. State of U.P. and another) pending in the court of District and Sessions Judge, Chandauli.
It is submitted by learned counsel for the applicant that the applicant is husband of opposite party no.2. Earlier the applicant has filed application under Section 482 Cr.P.C. No. 11905 of 2017 which was allowed vide order dated 3.4.2018. The said order is quoted herein as under:-
"Sri Prem Shankar Sharma, learned counsel for the applicant is present. Sri Ashish Kumar Nagvanshi, learned counsel for opposite party no.2 is not present. Learned AGA for State is present.
Perused the record.
Vide order dated 25.4.2017, it appears that the matter was refereed to the Mediation and Conciliation Centre, High Court Allahabad wherein the parties had entered into a settlement. The terms of the settlement were recorded by the Mediation and Conciliation Centre, High Court Allahabad on 3.11.2017 which were termed as interim settlement. Ultimately, the final settlement has been arrived at between the parties on 10.11.2017. Clause 6 of the final settlement contains the terms and conditions of the settlement arrived at between the parties which are hereunder:-
"a) That the marriage of Sri Rameshwar Prasad Sharma (petitioner no.1- husband) and Smt. Kavita (D/o opposite party no.2-wife) was solemnized on 22.11.2010. Out of the aforesaid wedlock, the parties have no issues. After some times of their marriage the relations between husband and wife become strained and hence, they have been living separately from February, 2012.
b) That Sri Rameshwar Prasad Sharma (petitioner no.1-husband) and Smt. Kavita (D/o opposite party no.2-wife) have decided to take mutual divorce on the condition of a permanent alimony including Stridhan of Rs. 9,00,000/- (Rupees Nine Lakhs only) being paid by the husband to the wife towards maintenance of the wife.
c) That as decided in the interim settlement dated 03.11.2017, the applicant-husband has brought today a demand draft of Rs. 3,00,000 (Rs. three lakh only) bearing D.D. No. 503350 dated 30.10.2017 drawn by ICICI Bank in favour of "Kavita". The aforesaid demand draft along-with the demand draft of Rs. Two lakhs which was retained at the mediation centre has been handed over to Smt. Kavita today at the time of final settlement and she has acknowledged the receipt of the same.
d) That both the parties have filed a mutual divorce petition u/s 13-B of Hindu Marriage Act before the Family Court, Chanduali on 07.11.2017 and they have brought today the certified copy of the same and it is annexed to this settlement agreement.
e) That the remaining amount of alimony i.e. Rs. 4,00,000/- (Rs. Four Lakhs) will be given by the petitioner-husband to the wife at the time of decree in mutual divorce petition before the Family Court, Chanduali.
f) That all the case, either civil or criminal, filed by them against each other will be withdrawn by moving suitable application before the Court concerned, within one month of this Settlement agreement and they will not initiate any legal proceedings against each other in future.
g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse"
In view of the settlement arrived at between the parties, no useful purpose would be served in keeping the proceedings of Criminal Complaint Case No. 4356 of 2018 (Om Prakash Vs. Rameshwar and others), under Sections 498A, 323, 504, 506 IPC and 4 D.P. Act, Police Station Mughalsarai, District Chandauli pending in the Court of Chief Judicial Magistrate, Chandauli, District-Chandauli.
Accordingly, the present application succeeds and is allowed. The Criminal Proceedings of the aforesaid case is hereby quashed."
It is submitted that after the order dated 3.4.2018 passed by this Court, divorce petition of opposite party no.2 was also allowed by order dated 31.7.2018 by mutual consent of the parties. It is submitted that one criminal appeal no. 24 of 2017 (Rameshwar Prashad Sharma Vs. State of U.P.) relating to the dispute between the parties is also pending before the court of Additional District and Sessions Judge, Chandauli, in which applicant moved an application dated 27.4.2018 which is pending and yet no order has been passed on the said application of the applicant.
Considering the material facts and circumstances of the case, it would be appropriate to issue a direction to the Additional District and Sessions Judge, Chandauli to decide the application dated 27.4.2018 of the applicant expeditiously.
Accordingly, the Additional District and Sessions Judge, Chandauli is directed to decide the aforesaid application dated 27.4.2018 of the applicant filed as Annexure No. 4 with the application, within two months in the light of order passed by this Court and taking into consideration of the order dated 3.4.2018 passed by this Court as well as mediation report dated 10.11.2017 filed as Annexure No.1 with the application after giving opportunity of hearing to the opposite party no.2.
With the aforesaid observation, this application is disposed of.
Order Date :- 30.11.2018 AK Pandey