Allahabad High Court
Kuldeep Nishad And Another vs State Of U.P. And Another on 1 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 31497 of 2015
Applicant :- Kuldeep Nishad And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Adya Prasad Tewari,Kamlesh Tiwari,Sheo Shankar Tripathi
Counsel for Opposite Party :- G.A.,Kamlesh Kumar Mishra
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Gyan Praksh Tiwari learned counsel holding brief of learned counsel for the applicants and learned A.G.A. for the State.
The instant Section 482 Cr.P.C. application has been filed for quashing the charge sheet dated 22.12.2008 as well as entire proceedings of Criminal Case No. 345 of 2009, under Sections 498-A, 323, 504, 506, 324 IPC r/w Section 3/4 D.P. Act at P.S. Khorabar, District Gorakhpur, pending in the Court of Additional Chief Judicial Magistrate-I, Gorakhpur.
Learned counsel for the applicants submits that this court vide order dated 16.10.2015 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 31.5.2016 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. The said fact has been mentioned in para 6 and 7 of the settlement/agreement dated 31.5.2016 . Paragraph 6 and 7 of the said report reads as under:
"6.The following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Sri Kuldeep Nishad (Applicant No. 1 -husband) and Smt. Chanda (Opposite party No.2-wife) was solemnized on 15.07.2004. A son namely Arush Kumar (at present aged about eight years) was born out of their wedlock. After some time of the marriage, the relation between the parties became strained and hence they have been living separately since year 2007.
b) That in view of the interim settlement dated 13.04.2016, the parties have decided to take mutual divorce on the condition of a permanent alimony of Rs. 3,00,000/- (rupees three lacs only) which shall be paid by the husband to the wife in the form of demand draft drawn in favour of Kumari Chanda. In addition to aforesaid amount an FDR of Rs. 2,00,000/- in favour of the son namely Arush Kumar under guardianship of his mother Smt. Chanda, shall also be prepared by the husband Sri Kuldeep Nishad. At present time the son is living with his mother.
c) That it had been agreed between the parties that the aforesaid permanent alimony shall be paid in two installments. On 13.04.2016, the husband produced a demand draft of Rs. 1, 00,000/- (rupees one lac) bearing demand draft no. 008351 dated 12.04.2016 issued by State Bank of India, which was retained at the mediation centre, has been given to the wife today i.e. 31.05.2016, and she has acknowledged the receipt of the same.
d) That as agreed between the parties, an FDR of Rs. 2,00,000/- issued in favour of a Arush Kumar under guardianship of Smt. Chanda has also be given by the husband to the wife and she has acknowledged the receipt of the same.
e) That the parties have filed a mutual divorce petition bearing no. 431/2016 under section 13-B of Hindu Marriage Act, before the Family Court at Gorakhpur on 20.04.2016. The certified copy of the said divorce petition is being annexed to this settlement agreement.
f) That it has been agreed between the parties that the balance amount of Rs. 2,00,000/- (rupees two lacs only) shall be given in the mode of bank draft by the husband to the wife before the competent Court at Gorakhpur at the time of final judgment in aforesaid mutual divorce petition.
g) That it has been agreed between the parties that the cases filed by them against each other will be withdrawn by the parties concerned. The details of cases are as follows:
1- Case No. 91/2010 Chada Devi Vs. Kuldeep, u/s 125 Cr.P.C., pending before Fast Track Court II, Gorakhpur.
2- Case No. 29/2009/70 u/s 25 of Guardian and Ward Act, Kuldeep Vs. Chanda Devi.
3- Case No. 445/2009 u/s 13 of H.M. Act, pending before Family Court, Gorakhpur.
7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each Other with respect to Crl. Misc. Application No. 31497 of 2015 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 31.5.2016 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
In view of the above, the present application is allowed.
It is however left open to opposite party No. 2 to seek recall of this order, if the terms of the settlement is not complied with by the applicants.
Order Date :- 1.2.2023/Faraz
