Allahabad High Court
Amrish vs State Of U.P And Another on 10 January, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 9714 of 2022
Applicant :- Amrish
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Haya Rizvi
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 0339/2021 dated 24.11.2021, cognizance order 24.12.2021 as well as the entire proceedings of Case No. 20244 of 2021 (State Vs. Amrish ), arising out of Case Crime No. 0289 of 2021, under Sections- 498A, 323, 506, 376, 511 I.P.C., and Section 3/4 of DP Act, Police Station- Shikarpur , District- Bulandshahr , pending in the court of C.J.M, Bulandshahr .
3. Learned counsel for the applicant submits that this court vide order dated 28.07.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 06.12.2022 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 7 and 8 of the settlement/agreement dated 06.12.2022. Paragraph 7 and 8 of the said report reads as unde:
"7) In view of the Interim Settlement dated 15.11.2022 entered into Criminal Misc. Anticipatory Bail Application U/S 438 Cr. P.C. No. 19022 of 2021 (M.C. No. 2853/2022), the following settlement has been arrived at between the Parties hereto:-
a) The parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Bulandshahar, which is registered as Case No. 1798/2022. The certified copy of aforesaid divorce petition is annexed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr. P.C. No. 19022 of 2021 (M.C. No. 2853/2022) for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the husband shall pay an amount of Rs. 2,00,000/- (Rupees Two Lakhs Only) as permanent alimony including Stridhan to the wife and maintenance. After receiving the aforesaid amount, wife shall not entitled to claim any further maintenance of any nature whatsoever from the husband and his family member in any manner whatsoever under any circumstances nor she shall stake any claim in the property of applicant or his family members under any circumstances or under any law.
c) That it is made clear that a demand draft bearing no. 059180 dated 29.10.2022, drawn on Punjab National Bank for Rs. 1,00,000/- (One Lakh Only) was produced before the Centre at the time of Interim Settlement dated 15.11.2022 entered into Criminal Misc. Anticipatory Bail Application U/S 438 Cr. P.C. No. 19022 of 2021 (M.C. No. 2853/2022), which has been handed over to the wife today Le. 06.12.2022 and she has acknowledged the receipt of the same.
d) That it has been agreed between the parties that the remaining amount i.e. Rs. 1,00,000/- (Rs. One Lakh Only) shall be paid to Smt. Pooja (O. P. No. 2-wife) by Mr. Sachin (Husband) (Brother of Applicant) at the time of final judgment before the Principal Judge, Family Court, Bulandshahar, by way of demand draft of a nationalized bank.
e) That as agreed in paragraph 7 (e) of the Interim Settlement dated 15.11.2022 entered into Criminal Misc. Anticipatory Bail Application U/S 438 Cr. P.C. No. 19022 of 2021 (M.C. No. 2853/2022), the husband returned all the household items, jewelry and belongings to the wife on 18.11.2022 and wife has acknowledged the receipt of the same.
f) That it has also been agreed between the parties that all the cases if any civil or criminal case is pending between the parties against each other regarding present matrimonial dispute shall also be withdrawn by the parties concerned as soon as possible in view of this settlement-agreement.
g) That the parties further agreed that they shall not file any fresh case/ complaint against each other regarding present matrimonial dispute in any manner whatsoever.
h) 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.
8.-By signing this Agreement the Parties hereto state that the APPLICATION U/s 482 No. 9714 of 2022 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 06.12.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
5. The present application is allowed, subject to the applicant complying with the terms of settlement agreement noted above.
Order Date :- 10.1.2023
V. Sinha
