Court No. - 72
Case :- APPLICATION U/S 482 No. - 23451 of 2018 Applicant :- Rashid And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Azaz Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the Case No. 16886 of 2018 (State Vs. Rashid & ors) under sections 498A, 323, 354 IPC and section 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad, pending in the Court of the A.C.J.M.-VIII, Ghaziabad as well as quashing the charge-sheet dated 1.4.2018 in Case Crime No.0080 of 2018 (State Vs. Rashid and others), under sections 498A, 323, 354 IPC and section 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad including cognizance order dated 31.5.2018.
3. Learned counsel for the applicant submits that this court vide order dated 13.7.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 29.11.2018 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 06 of the settlement/agreement dated 29.11.2018. Paragraph 06 of the said report reads as under:
"a)That the marriage of Sri Rashid (applicant No.1, husband) and Smt. Meena (O.P. No.2, wife) was solemnized on 19.9.2017. Due to strained relation between the parties they have been living separately since 22.9.2017 Out of aforesaid wedlock the parties have no issue.
b) Sri Rashid (applicant No.1, husband) and Smt. Meena (O.P. No.2, wife) have decided to take mutual divorce (Talaq) according to Muslim Law on the condition of permanent alimony of Rs. 1.60 lakhs (Rupees one lakh sixty thousand only).
c) that today i.e. 29.11.2018, the applicant husband has prodcued a Demand Drafts of Rs. 1.60 lakhs (rupees one lakh sixty thousand only) bearing No. 504551 dated 28.11.2018 of Rs. 1.60 lakhs issued by ICIC bank drawn in the name of wife which have been handed over to her today and she has acknowledge the receipt of the same. A sum of Rs. 3100/- as Mehar has already been paid to the wife by the husband and she acknowledge the same.
d) that the parties have produced a Talaqnama in which it is stated that they have taken Talaq on 22.11.2018 parties have also produced a compromise note, which are being annexed with this Settlement Agreement.
e) 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 withing one month of this Settlement Agreement.
f) That hereafter parties have no further claim against each other of any nature with regard to the present case.
g) that it has been agreed between the parties that they shall comply with terms and conditions of this settlement. "
4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 29.11.2018 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
5. The present application is allowed. Order Date :- 30.9.2019 Akbar