Court No. - 72
Case :- APPLICATION U/S 482 No. - 43471 of 2018 Applicant :- Suprajya Agrawal And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.,Amol Ranjan
Hon'ble Rajiv Joshi,J.
Heard Shri V.K. Jaiswal, learned counsel for the applicants, learned A.G.A. for the State and Shri Amol Ranjan, learned counsel for O.P. No.2.
Present application under Section 482, Cr.P.C. has been filed to quash the charge sheet along with cognizance order dated 26.9.2018 passed by A.C.J.M. Ist, Bareilly as well as entire proceedings of case No.4981/2018 arising out of case crime No.410/2018, under Sections 498A, 323, 504, 506, IPC and 3/4 Dowry Prohibition Act, P.S. Baradari, Bareilly.
This Court vide order dated 4.12.2018 referred the matter to the Mediation and Conciliation Centre of this Court and pursuant thereof the parties appeared before the mediator and settlement was arrived between them on 4.4.2019. The terms and conditions of settlement agreement are quoted as under:
"a) That the marriage of Sri Suprajya Agrawal (Applicant No. 1, husband) and Smt. Megha Agarwal (Daughter of O.P. No. 2, wife) was solemnized on 23.11.2015. Out of the aforesaid wedlock parties have no issue. Due to strained relationship the parties have been living separately since 09.04.2017.
b) That Sri Suprajya Agrawal ( Applicant No. 1, husband) and Smt. Megha Agarwal (Daughter of O.P. No. 2, wife) have decided to take mutual divorce on the condition that the husband will pay a permanent alimony including Stridhan of Rs. 8.50 Lakhs (Rupees eight lakhs fifty thousand only) to the wife in 2 installments.
c) That parties have filed a mutual divorce petition No. 544/19 under section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court Ghaziabad and produced the certified copy of the same which is being annexed to this Settlement Agreement.
d) That at the time of filing of 13B of Hindu Marriage Act the husband has given Rs.2.50 Lakhs (Rs two lakhs fifty thousand only, (1st Installment) to the wife which she has acknowledged it today also.
e) That for the payment of remaining amount of Rs. 06 Lakhs (Rs six lakhs only, (2nd Installment) the husband has deposited a demand draft of Rs. 06 Lakhs, bearing No. 000831 dated 22.03.2019 issued by HDFC Bank in the Family Court Ghaziabad, which shall be released to the wife by the Family Court at the time of final judgment of aforesaid divorce petition.
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 the 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."
In view of above, proceedings of the aforesaid case are quashed provided the parties shall abide the terms and conditions of the settlement agreement.
The application stands allowed.
Order Date :- 26.8.2019 T. Sinha