Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 12303 of 2018 Petitioner :- Sushil Patel And 7 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Indra Bhan Yadav Counsel for Respondent :- G.A.,Jitendra Kumar Yadav
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the parties.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 08.05.2018 registered as Case Crime No. 224 of 2018, under Sections 498-A, 504, 506, 419, 420 I.P.C. and 3/4 Dowry Prohibition Act, P.S.- George Town, District- Allahabad.
It appears from the perusal of the order sheet of this case that this matter was referred to the Mediation Centre of this Court by order dated 14.05.2018 passed by another coordinate Bench of this Court consisting of Hon'ble Vipin Sinha, J. and Hon'ble Mahboob Ali, J.
Report of the Mediation Centre of this Court dated 14.09.2018 indicates that the mediation between the parties has succeeded and parties have entered into settlement in the Mediation Centre.
The settlement agreement entered into between the parties runs as hereunder :-
"This INTERIM SETTLEMENT AGREEMENT entered into on 14.09.2018, between Sri Sushil Patel (Petitioner No. 1, husband) and Smt. Shalini Patel (Daughter of Respondent no. 3, wife).
WHEREAS-
1. Disputes and differences had arisen between the parties hereto and Crl. Misc. Writ Petition No. 12303 of 2018 was filed in the High Court.
2. The matter was referred to mediation/conciliation vide order date 14.05.2018 by Hon'ble Vipin Sinha, J. and Hon'ble Mahboob Ali, J.
3. The parties agreed that Mr. Ashok Kumar Pandey and Mr. Harbans Singh, Advocates would act as their Conciliation/Mediator, in the Mediation Case No. 1484/2018.
4. Several joint and separate meetings were held during the process of Conciliation/Mediation on 06.07.2018, 13.07.2018, 27.07.2018, 17.08.2018, 31.08.2018 and 14.09.2018 and the parties have with the assistance of the Mediators/Conciliators voluntarily arrived at an amicable solution resolving the above-mentioned disputes and differences.
5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediator/Conciliator.
6. The following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Sri Sushil Patel (petitioner no. 1, husband) and Smt. Shalini Patel (daughter of Respondent no. 3, wife) was solemnized on 07.03.2018. Out of the aforesaid wedlock parties have no issue. Due to strained relationship the parties have been living separately since 31.03.2018.
b) That parties have appeared before Mediation Centre and stated to the mediators that dispute between them is irreconcilable, hence they have decided to take mutual divorce.
c) That Sri Sushil Patel (petitioner no. 1, husband) and Smt. Shalini Patel (daughter of 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. 9.50 lakhs (Rupees nine lakhs fifty thousand only) to the wife in 02 installments.
d) Today i.e. 14.09.2018 Sri Sushil Patel, husband has produced a demand draft of Rs.
4.50 Lakhs (Rs. four lakhs fifty thousand only, (1st installment) which has been returned to him.
e) That it has been agreed between the parties that the conditions (for separation) for filing of 13B is not fulfilled by the parties. Therefore, they shall file a mercy prayer and request/pray before the Hon'ble High Court to allow/permit them to file petition under Section 13-B of Hindu Marriage Act, as an exceptional case and if the Hon'ble Court permits then they shall file 13B.
f) That it has also been agreed between the parties that all the cases filed by them against each other shall be kept in abeyance/not press during this intervening period.
g) Hon'ble High Court is requested to consider the case sympathetically.
It is submitted by learned counsel for the petitioners that a direction be given to the concerned Principal Judge/Family Court to allow the parties to file a petition u/s 13B of the Hindu Marriage Act before the lapse of one year since the date of their marriage as the proviso to Section 14 of the Hindu Marriage Act clearly empowers the Court to relax the stipulation contained u/s 14 of the Hindu Marriage Act that it shall not be competent for any Court to entertain any petition for dissolution of marriage by a decree of divorce unless at the date of the presentation of petition, one year has elapsed since the date of the marriage.
In view of the above, it is directed that in case joint petition is filed by the parties before the concerned Family Court along with an application under the proviso to Section 14 of the Hindu Marriage Act, the concerned Principal Judge/Family Court shall consider and decide the same in accordance with law.
Since the respondent no. 3 is no longer interested in proceeding any further in this matter, this writ petition is allowed.
The impugned F.I.R. as well as all the consequential proceedings undertaken pursuant thereto, are hereby quashed.
There shall however be no order as to costs.
Order Date :- 30.10.2018 KS