Court No. - 72
Case :- APPLICATION U/S 482 No. - 19856 of 2017 Applicant :- Shashi Bhushan Srivastava And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudist Kumar,Syed Mohammad Abbas Abdy Counsel for Opposite Party :- G.A.,Pramod Pathak
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Syed Mohammad Abbas Abdy, learned counsel for the applicants, Sri Pramod Pathak, learned counsel for the opposite party no.2 and learned AGa for the State.
2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 19.01.2017 passed by Judicial Magistrate, Court No.2, Varanasi as well as the further proceeding of Complaint Case No. 1872 of 2016, under Section- 406 I.P.C., Police Station- Sigra, District- Varanasi.
3. Learned counsel for the applicants submits that the present prosecution arises from a matrimonial discord between applicant no.1 and opposite party no.2 and that there was no real occurrence or criminal offence committed. Learned counsel for the further submits that this Court vide order dated 28.07.2017 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived on 22.12.2017 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 9 of the settlement/agreement dated 22.12.2017. Paragraph 9 of the said report reads as under:
"9.In view of the interim settlement dated 08.12.2017, the following settlement has been arrived at between the Parties hereto:
a) That the marriage of Sri Shashi Bhushan Srivastava (Applicant No.1-Husband) and Smt. Manisha Srivastava (Opposite Party No.2-Wife) was solemnized on 02.12.2007. Out of their wedlock the parties have a daughter namely Shambhavi Srivastava aged about nine years. The husband and wife are living separately since 01.07.2010.
b) That it has been agreed between the parties that Sri Shashi Bhushan Srivastava (Applicant No.1-Husband) shall pay an amount of Rs.10,00,000/- (ten lacs only) to the wife Smt. Manish Srivastava (Opposite Party No.2-Wife) by way of demand draft drawn in her favour in two installments of Rs.2,00,000/- and 5,00,000/- and a Fixed Deposit of Rs.3,00,000/- in the name of Minor daughter namely Shambhavi Srivastava.
c) That on 08.12.2017, the Applicant-husband has produced a demand draft bearing no.484874 dated 06.12.2017 for Rs.2,00,000/- (two lacs only) drawn on Union Bank of India, which was kept in file of the Mediation Centre, has been handed over to Smt. Manisha Srivastava (wife) and she has acknowledged the receipt of the same.
d) That as agreed between the parties the applicant-husband has transferred an amount of Rs.3,00,000/- in the account of Smt. Manisha Srivastava and she has fixed the same in the name of the minor daughter Shambhavi Srivastava under her guardianship.
e) That it has been agreed between the parties that the remaining amount of the aforesaid agreed alimony i.e. Rs.5,00,000/- (five lacs only) will be paid by the husband to the wife on the next date fixed before the Family Court, Varanasi i.e. 16.07.2018 in the shape of a demand draft duly drawn in her name.
f) That the parties have filed a mutual divorce petition u/s 13-B of Hindu Marriage Act before the Family court, Varanasi on 15.12.2017, which is numbered as Case No.1599/2017, in which next date fixed is 16.07.2018. The certified copy of the divorce petition and order sheet are annexed to this settlement.
g) That it has been agreed between the parties that the cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned."
4. Further, learned counsel for the applicants has brought on record a certified copy of the judgement and order dated 19.07.2018 passed by the learned Principal Judge, Family Court, Varanasi in Marriage Petition No.1599 of 2017 whereby the marriage between applicant no.1 and opposite party no.2 has been dissolved. Learned counsel for the applicants has placed on record a copy of the aforesaid judgement and order which has been marked as "X". Parties are further agreed that the entire amount required to be paid under the settlement agreement has been received by opposite party no.2 and there is no dispute surviving.
5. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 22.12.2017 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
6. In view of the above, the present application is allowed.
Order Date :- 29.4.2019 S.Chaurasia