Case :- APPLICATION U/S 482 No. - 17607 of 2018 Applicant :- Raza Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.,Rahul Saxena
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed with a prayer to quash charge sheet no. 358 of 2017 dated 4.11.2017 as well as entire proceeding of computer no. 2130 of 2018, Case No. 332/4 of 2018 (State Vs. Raza Ali), arising out of Case Crime No. 110 of 2017, under Sections 323, 498A, 506, 324 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.5, Moradabad.
Learned counsel for the applicants submits that the dispute between the parties arises out of matrimonial discord. This Court vide order dated 18.5.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 24.5.2018 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 6 of the settlement/agreement dated 24.5.2018. Paragraph 7 of the said report reads as under:-
" 7.The following settlement has been arrived at between the Parties hereto:-
a) That the parties agree that after pronouncement of triple Talaq on three different dates according to the Muslim Law. Finally, with the consent of the parties the Talaq took place between the applicant and O.P. No. 2 on 22.1.2018.
b) That the parties agree that in full and final settlement of all the financial claims of O.P. No. 2 and her daughter Fatima, the applicant has already paid Rs. 3,75,000/- (three lacs seventy five thousand only) on 22.01.2018 to the O.P. No. 2 and she acknowledges the receipt of the same. She agrees that after receiving the aforesaid amount she or her daughter does not have any financial claim or any other claim of any nature whatsoever against the applicant or his family members.
c) That it has been agreed between the parties the minor daughter Fatima who is living with her mother her custody shall continue to remain in the custody of the matter and the applicant has no objection of any nature whatsoever in this regard. The question of visitation of rights of the applicant has been settlement between the parties. The applicant has very gracefully agreed that in case in future if any monetary and otherwise help is required for the welfare of the minor. Fatima, he is ready and willing to make such contribution as may be required and intimated to him.
d) That the O.P. No. 2 initiated proceeding u/s 125 Cr.P.C. and provisions of Protection of Women from Domestic Violence Act, 2005 against the applicant and his family members have been withdrawn by the parties concerned after the settlement dated 15.2.2018. The certified copy of aforesaid settlement is being annexed to this settlement agreement and the same shall be treated a part of this settlement. The parties have further agreed that the proceedings of Case No. 332/4 of 2018, State Vs. Raza Ali, arising out of case crime no. 110 of 2017, u/s 323, 498-A, 506, 324 IPC and 3/4 of D.P. Act, P.S. Mahila Thana, which gave rise to the present Crl. Misc. Application No. 17607 of 2018, may also be quashed by this Hon'ble High Court.
e) That the parties agree that beside aforesaid if any case related to present matrimonial dispute, between the parties or his/her family members, is pending, the same shall also be withdrawn by the parties concerned in terms of this settlement-agreement.
f) That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 24.5.2018 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
The application is allowed.
Order Date :- 18.8.2018 Mini