Allahabad High Court
Vishun Dayal And Another vs State Of U.P. And Another on 18 January, 2021
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 13562 of 2019
Applicant :- Vishun Dayal And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ram Ashish Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Ram Ashish Pandey, learned counsel for the applicants and learned A.G.A. for the State as well as perused the entire material available on record.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet no. 52 of 2018 dated 17th December, 2018, summoning order dated 13th February, 2019 as well as the entire proceedings of Case No. 533 of 2019 (State Vs. Sulkhan Singh & Another), arising out of Case Crime No. 60 of 2018, under Sections 498A, 323, 5406, 342 I.P.C. and 3/4 D.P. Act, Police Station - Mahila Thana (Saifai), District-Etawah, pending in the court of Chief Judicial Magistrate, Etawah.
Pursuant to the order dated 11the April, 2019, passed by a Co-ordinate Bench of this Court, whereby the matter was referred to the High Court Mediation and Conciliation Centre.The parties settled their dispute amicably in the Mediation and Conciliation Centre at High Court of Judicature at Allahabad with the following conditions as mentioned in the settlement agreement dated 19th February, 2019, which are as follows:
"6) The following settlement has been arrived at between the parties hereto:-
a) That Interim Settlement dated 9th January, 2020 is the part and parcel of this Settlement Agreement.
b) That as per Interim Settlement Sri Sulkhan Singh, husband (Applicant No. 1) and Smt. Nisha, wife of (O.P. No. 2) have decided to take mutual divorce on the condition that the husband will pay a permanent (one time) alimony including Stridhan of Rs. 10 lakhs (Rupeees ten lakhs only) to the wife in two instalments.
c) That on 23rd January, 2020 the husband had produced a Demand draft of Rs. 04 Lakhs (Rupees four lakhs only), (first instalement) bearing No. 935597 dated 2nd December, 2019 issued by the Bank of India kept in Mediation file which has been handed over to the wife today and she has acknowledged the receipt of the same.
d) That as agreed parties have filed a mutual divorce petition No. 64/2020 under Section 13-B of Hindu Marriage Act, before the cmpetent Court, Principal Judge of Family Court Etawah and produced the certified copy of the same which is being annexed to this Settlement Agreement.
e) That it has been agreed between the parties that the remaining amount of Rs. 6 Lakhs (Rupees six lakhs only), (2nd Instalment) shall be paid by the husband to the wife by way of demand draft drawn in her favour at the time of final judgment of mutual divorce petition in the family court.
f) That it has been agreed between the parties that Sri Vishun Dayal, Applicant No. 1 has lodged FIR No. 0701 dated 18.11.201 at PS Kotwali Etawah u/s 323, 386, 452, 506 and 307 I.P.C. shall be quashed/withdrawn by him taking appropriate steps.
g) That hereafter parties have no further claim against each other of any nature with regard to the present case.
h). That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement.
(i) That it has been agreed between the parties that all Criminal and Civil cases filed by them or their family members against each other shall be set a side/withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month from this Settlement Agreement.
7. By Signing this Agreement the Parties hereto state that they have no further claim against each other with respect to Application U/S 482 No. 13562 of 2019 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
In view of the above Settlement Agreement, learned counsel for the applicants with reference to the statement of both the parties recorded in settlement agreement that by Signing this Agreement the Parties hereto state that they have no further claim against each other with respect to Application U/S 482 No. 13562 of 2019 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation, the entire proceedings of the aforesaid criminal case be may be quashed by this Court.
This Court is not unmindful of the following judgements of the Apex Court:
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,
In the aforesaid judgments, 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. & 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 criminal case as the parties have already settled their dispute.
Accordingly, the proceedings of charge sheet no. 52 of 2018 dated 17th December, 2018, summoning order dated 13th February, 2019 as well as the entire proceedings of Case No. 533 of 2019 (State Vs. Sulkhan Singh & Another), arising out of Case Crime No. 60 of 2018, under Sections 498A, 323, 5406, 342 I.P.C. and 3/4 D.P. Act, Police Station - Mahila Thana (Saifai), District-Etawah, pending in the court of Chief Judicial Magistrate, Etawah, are hereby quashed.
This application under Section 482 is, accordingly, allowed. There shall be no order as to costs.
(Manju Rani Chauhan, J.)
Order Date :- 18.1.2021
Sushil/-
