Court No. - 86
Case :- APPLICATION U/S 482 No. - 35881 of 2019 Applicant :- Sweety Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Chandra Srivastava Counsel for Opposite Party :- G.A.,Salma Bano
Hon'ble Umesh Kumar,J.
Heard Sri Vikas Chandra Srivastava, learned counsel for applicants, learned AGA for the State as well as Ms. Salma Bano, learned counsel for the Opposite Party No.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the impugned summoning order dated 05.03.2019 passed by learned Judicial Magistrate-I, Varanasi in Case No. 2014 of 2018, under Sections 323, 452, 504 IPC, Police Station- Lanka, District- Varanasi as well as the non-bailable warrants issued against the applicants.
This Court vide its order dated 27.09.2019 had referred the matter to the Mediation Centre in order to enable the parties to reach an amicable settlement. Pursuant to the said order, the applicants and the Opposite Party No.2 appeared before the Mediation Centre and the settlement agreement dated 17.12.2020 has been made between them, which has been reduced in writing and forms part of this application.
Learned counsel for the applicants has submitted that as per the settlement agreement dated 17.12.2020 made between the parties, the opposite party no.2 (husband) shall pay a permanent alimony including Stridhan of Rs. 15,00,000/- to the applicant no.1 (wife) by way of demand draft drawn in installments. The opposite party no.2, Abhishek Kumar Singh has handed over the demand draft of Rs.7,50,000/- to his wife namely Sweety Sudhir Singh (applicant no.1) in settlement of his claims and dues, which has been acknowledged by her and remaining amount of Rs.7,50,000/- shall be paid to the applicant no.1 (wife) by opposite party no.2,Husband at the time of final judgement in divorce petition under Section 13-B of Hindu Marriage Act before Family Court, Varanasi. In respect of the present dispute, the parties have agreed that all cases pending before any court whether civil or criminal relating to the present dispute, shall be withdrawn by taking appropriate steps before the concerned court.
Learned counsel for the Opposite Party No.2 has also acknowledged the aforesaid settlement, pursuant to which, she has already received a sum of Rs.7,50,000/- and now, no dispute remains between them and he has no objection, if the present proceedings are quashed.
This Court is not unmindful of the judgements of the Apex Court in the cases of:-
1. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675.
2. Nikhil Merchant Vs. Central Bureau of Investigation [2008)9 SCC 677].
3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.
4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303.
5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
Wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences.
Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013
(83) ACC 278], in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.
Accordingly, the application under Section 482 Cr.P.C. is allowed. The entire proceedings of aforesaid case are hereby quashed.
Let a copy of this order be sent to trial court concerned within a week for communication and necessary action.
Order Date :- 22.9.2021 Vikas