Allahabad High Court
Sanjay @ Sanjay Kumar And 2 Others 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. - 6509 of 2016
Applicant :- Sanjay @ Sanjay Kumar And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Bhole Ram
Counsel for Opposite Party :- G.A.,Neeraj Srivastava
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the proceeding in Case No. 1039 of 2015, under Section 406 IPC, Police Station Govind Nagar, District Mathura, pending in the court of Judicial Magistrate Court No. 5, Mathura.
Learned counsel for the applicants submits that this court vide order dated 01.3.2016 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 19.08.2016 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 19.08.2016. Paragraph 6 and 7 of the said report reads as under:
"6. In view of the interim settlement dated 15.07.2016, the following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Sri Sanjay @ Sanjay Kumar (Applicant no. 1-husband) and Smt. Renu (Opposite Party No. 2-wife) was solemnized on 14.02.2013. After some time the relationship between the parties became strained and hence they have started living separately after six months of their marriage. No issue was born out of aforesaid wedlock.
b) That the parties have decided to take mutual divorce on the condition that the husband shall pay permanent alimony/Stridhan of Rs. 6,75,000/- (rupees six lacs seventy five thousand only) which shall be paid by the husband to the wife in the form of demand draft drawn in favour of Renu Singh. The said permanent alimony shall be paid in two installments.
c) That the husband has produced two demand drafts of Rs. 1,00,000/- bearing demand draft no. 72495 dated 30.07.2016 and demand draft no. 722662 dated 04.08.2016 for Rs. 3,00,000/-, which were retained at the Centre and has been given today to the wife namely Smt. Renu and she has acknowledged the receipt of the same.
d) That the parties have filed mutual divorce petition no. 658 of 2016 before the Family Court, Mathura, on 17.08.2016, in which next date is fixed on The certified copy of the order sheet is annexed with the settlement in Crl. Misc. Application No. 6508 of 2016.
e) That it has been agreed between the parties that the rest amount i.e. Rs, 2,75,000/- shall be paid in the shape of demand draft by the husband to the wife at the time of final judgment in aforesaid mutual divorce petition before the Family Court, Mathura.
f) That it has been agreed between the parties that the cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court concerned.
7. By signing this Agreement the Parties hereto state that they have no further claims or demands st each other with respect Crl. Misc. Application No. 6509 of 2016 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 19.08.2016 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.
Order Date :- 1.2.2023
Faraz
