1. This petition under Section 482 CrPC has been filed for quashing of proceedings of Case No.835 of 2019 'State of U.P. Vs. Vivek Dixit and others', pending in the Court of Special Chief Judicial Magistrate, C.B.I. (Ayodhya Prakaran), Lucknow, arising out of Case Crime No.96 of 2017, under Sections 498-A, 323, 504 and 506 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Lucknow as well as summoning order dated 07.01.2019 passed against the petitioners.
2. The parties got married on 04.03.2017. However, it appears that the parties did not adjust with each other and, they started living separately after two and a half months i.e. since 25.05.2017. The respondent no. 2 lodged the said F.I.R. against the petitioners. The police, after investigation has filed the charge-sheet in which the petitioners have been summoned by the impugned summoning order dated 07.01.2019. Respondent no. 2 filed a petition being Writ Petition No.21022 (M/B) of 2018 for issuing a writ of Mandamus, directing the police authorities to take all legal and necessary actions against the petitioners in pursuance of the F.I.R. The said petition was finally disposed of vide order dated 24.07.2018 in the light of judgment passed by the Supreme Court in Sakiri Vasu Vs. State of Uttar Pradesh and others, 2008 (2) SCC 409, relegated the petitioner before the Magistrate concerned in regard to her grievance.
3. Now, with the intervention of the friends and family members, the parties have settled their dispute amicably and, they have entered into a settlement agreement dated 17.09.2019.
4. Petitioner no. 1 (Vivek Dixit) and respondent no. 2 (Ms. Amrita Awasthi), who are husband and wife, are present in person. They have been identified by their respective counsels.
Short counter affidavit filed by respondent no. 2 is taken on record.
5. Respondent no. 2-Ms. Amrita Awasthi says that she has entered into settlement agreement and requests that on the basis of settlement agreement the impugned proceedings may be quashed against the petitioners. It is also said that the parties have filed a petition under Section 13-B Hindu Marriage Act being Regular Suit No.2547 of 2019 in the Court of Principal Judge, Family Court, Lucknow and first motion is complete.
6. Since the parties have decided to part the company and, they have reached at the settlement agreement, whereby they have agreed on terms and conditions, which they will abide, the impugned proceedings are liable to be quashed in view of law laid down by the Supreme Court in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675 as well as in Gian Singh vs. State of Punjab and another, reported in 2012 SCC Page 303.
7. Hence, the petition is allowed. All the proceedings arising out of F.I.R. No.96 of 2017, under Sections 498-A, 323, 504 and 506 I.P.C. and 3/4 D.P. Act, lodged at Police Station Mahila Thana, District Lucknow, including charge-sheet no.02 of 2018 dated 21.05.2018 and Case No.835 of 2019 'State of U.P. Vs. Vivek Dixit and others', pending in the Court of Special Chief Judicial Magistrate, C.B.I. (Ayodhya Prakaran), Lucknow, are hereby quashed. The parties are directed to adhere to and abide the terms & conditions of the settlement agreement dated 17.09.2019, which has been placed on record as Annexure-4 to the petition.
[Dinesh Kumar Singh,J.] Date :- 27.9.2019 MVS/-