Allahabad High Court
Kushal Sahu @ Satya Prasad And 5 ... vs State Of U.P. And Another on 2 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 7118 of 2019
Applicant :- Kushal Sahu @ Satya Prasad And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sudhakar Shukla,Diwakar Shukla
Counsel for Opposite Party :- G.A.
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 charge sheet arising out of Case No.52498, 52498-A/2018 (State Vs. Kushal Sahu and others) arising out of charge sheet submitted by the Investigating Officer in case crime no.495 of 2017 under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Naubasta, District-Kanpur Nagar, pending in the court of A.C.M.M. IInd Kanpur Nagar.
Learned counsel for the applicants submits that this court vide order dated 22.02.2019 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 25.09.2019 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 & 7 of the settlement/agreement dated 25.09.2019. Paragraph 6 & 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 Kushal Sahu @ Satya Prasad (Applicant no, 1-husband) and Shalini Sahu (wife) d/o O.P. No. 2 was solemnized on 07.07.2016. No issue was born out of aforesaid wedlock. They have been living separately since 05.11.2016.
b) That as decided between the parties they have filed a petition u/s 13-B of the Hindu Marriage Act before Family Court, Kanpur Nagar which is registered as Case No. 2122 of 2019. Tthe certified copy of aforesaid divorce petition is annexed to this settlement for kind perusal of the Hon'ble Court.
c) That it had been agreed between the parties that the applicant-husband shall pay a permanent alimony including Stridhan of Rs. 5,50,000/- (five lacs fifty thousand only) to the wife by way of demand draft in two equal installments.
d) That on 04.09.2019, the applicant-husband has produced a demand draft bearing no. 760952 dated 28.08.2019 for Rs. 2,75,000/- drawn on Allahabad Bank in favour of Shalini Sahu, which was kept in the file of the Mediation Centre, has been handed over to the wife Shalini Sahu and she has acknowledged the receipt of the same.
e) That it has been agreed between the parties that the remaining amount Le. Rs. 2,75,000/- will be given by the applicant-husband to the wife Shalini Sahu at the time of final judgment in aforesaid divorce petition before the Family Court, Kanpur Nagar.
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/authority concerned.
g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement, otherwise the aggrieved party will be free to take legal recourse.
7-By signing this Agreement the Parties hereto state that the Crl. Misc. Application No. 7118 of 2019 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 25.09.2019 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.
However, it is left open to the opposite party no.2 to seek recall of this order, if just cause survive.
Order Date :- 2.2.2023
Jitendra
