Court No. - 49
Case :- APPLICATION U/S 482 No. - 12547 of 2018 Applicant :- Shamshad Ali And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants 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. 1 of 2017 dated 8.10.2017 in Case Crime No. 144 of 2016, under Sections 498A and 323 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District J.P. Nagar against applicant no.1 to 5 and under Sections 498A, 323, 376, 511 IPC and 3/4 D.P. Act against applicant no.6, pending in the court of Additional Chief Judicial Magistrate, J.P. Nagar in terms of compromise dated 5.2.2018.
Learned counsel for the applicants submits that the dispute between the parties arises out of matrimonial discord. This Court vide order dated 16.4.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 30.4.2018 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 30.4.2018. Paragraph 6 of the said report reads as under:-
"6. The following settlement has been arrived at between the parties hereto:-
a. That the marriage of Sri Shamshad Ali (Appliant No.1-Husband) and Smt. Maynaz (Opposite Party No.2-wife) was solemnized on 15.4.2015. After some time of their marriage the relations between husband and wife became strained and hence, they have been living separately for the past one year. Out of the aforesaid wedlock the parties have a son namely Rahman.
b. That Sri Shamshad Ali (Applicant No.1-Husband) and Smt. Maynaz (Opposite Party No.2-wife) have decided to reunit and live together as husband and wife and they undertake to discharge all matrimonial obligations towards each other in respectful manner forgetting all previous disputes and differences.
c. That the Husband and wife are ready to settle the matter finally and they are ready to live peacefully with each other and their only son Rahman.
d. That the Husband and Wife agreed not to execute any interim settlement as both of them specifically stated that they don't want to come again to Mediation Centre and further agreed for final settlement.
e. That the husband undertakes to take care of his wife and provide her all essential requirements and amenities to them in future and ensures that no untoward incident, either physical or mental, will be created by husband or his family member.
f. That it has also been agreed between the parties that all the cases, 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."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 30.4.2018 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
The application is allowed.
Order Date :- 27.7.2018 Mini