Court No. - 49
Case :- APPLICATION U/S 482 No. - 5053 of 2018 Applicant :- Vikas Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhinav Singh,Pradeep Kumar Rai,Saurabh Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed to quash the impugned charge-sheet dated 14.10.2017 submitted in Case Crime No. 693/2017, under section 498A, 323 I.P.C., and 3/4 of Dowry Prohibition Act, Police Station Civil Lines, District Muzaffarnagar along with impugned cognizance order dated 23.1.2018 as well as entire criminal proceedings of Criminal Case No. 654/9 of 2018 (State Vs. Vikas Verma), pending in the court of ACJM-II, Muzaffarnagar.
It has been contended by learned counsel for the applicant that the dispute between the parties arises out of matrimonial discord. This Court vide order dated 16.2.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived on 27.6.2018 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. Paragraph nos. 6 a. to 6 e. reads as under:
"6. In view of the interim settlement dated 13.6.2018, the following settlement has been arrived at between the Parties hereto:-
a. That the marriage of Shri Vikas Verma (Applicant-Husband) and Smt. Megha Verma (Opposite party No. 2-wife) was solemnized on 28.11.2014. After some time of their marriage the relations between husband and wife became strained and hence they have been living separately from June 2017 Out of the aforesaid wedlock the parties have a daughter Miss Ananya Verma at present 2 years of age.
b. That Shri Vikas Verma (Applicant-Husband) and Smt. Megha Verma (Opposite party No. 2-wife) have decided to reunite 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 parties have appeared before the mediation centre and stated to the mediators that they are happy with the reunion and would like to continue the same in future as well.
d. That the husband undertakes to take care of his wife and daughter 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.
e. 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 27.6.2018 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
The application is accordingly allowed. Order Date :- 30.7.2018 Prakhar