Court No. - 34
Case :- CRIMINAL MISC. WRIT PETITION No. - 26893 of 2018 Petitioner :- Ravi Sharma And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Dubey Counsel for Respondent :- G.A.,Shailendra Kumar Verma
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Sunil Kumar Dubey, learned counsel for petitioners and learned A.G.A. for State.
2. This writ petition under Article 226 of the Constitution of India has been filed seeking quashing of First Information Report dated 24.08.2018 registered as Case Crime No. 0141 of 2018, under Sections 498A, 376-D, 377, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Bargaon, District Saharanpur.
3. The matter was remitted for mediation and report of Mediation and Conciliation Centre dated 30.04.2019 has been submitted alongwith settlement agreement dated 15.05.2019. Parties have settled the matter and terms of settlement contained in para 6 read as under:
"6. In view of the interim settlement dated 15.05.2019, the following settlement has been arrived at between the parties thereto:
a) That the marriage of Sri Ravi Sharma (Petitioner No. 1, husband) and Smt. Soniya (Respondent No. 3, wife) was solemnized on 20.06.2014. Out of the aforesaid wedlock parties have 02 daughters, namely Priyanshi and Ria at present three and half and two and half years of age respectively. Due to strained relationship the parties have been living separately since last one year.
b) That Ravi Sharma (Petitioner No. 1, husband) and Smt. Soniya (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. 12.50 lakhs (Rupees twelve lakhs and fifty thousand only) to the wife in 2 installments.
c) That on 24.04.2019 the husband had produce a demand draft of Rs. 6.25 lakhs (Rs. Six lakhs and twenty five thousand only, 1st Installment) bearing No. 507243 dated 25.04.2019 issued by ICICI Bank Saharanpur Branch drawn in favour of wife kept in the Mediation File has been handed over to her today and she has acknowledge the receipt of the same.
d) That as agreed parties have filed a mutual divorce petition No. 704/19 under section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court at Saharanpur and produced the xerox copy instead of certified copy of the same which is annexed to this Settlement Agreement. That parties and their counsels have assured that they shall produce the certified copy in the Hon'ble High Court on the next date fixes by the Court.
e) That it has been agreed between parties that the remaining amount Rs. 6.25 Lakhs (Rs Six lakhs and twenty five thousand 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 judgment of mutual divorce petition in the family Court.
f) That thereafter parties shall 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 the terms and conditions of this settlement.
h) That it has been agreed between the parties that all Criminal and Civil cases filed by them against each other shall be withdrawn/set aside/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month of this Settlement Agreement.
4. In view thereof, writ petition is allowed in terms of aforesaid settlement. Impugned FIR dated 24.08.2018 registered as Case Crime No. 0141 of 2018, under Sections 498A, 376-D, 377, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Bargaon, District Saharanpur and all subsequent proceedings pursuant thereto, are hereby quashed.
Order Date :- 26.11.2019 Prajapati