Allahabad High Court
Mukesh And 4 Others 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. - 17937 of 2022
Applicant :- Mukesh And 4 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Babu Lal Ram
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 dated 01.09.2018 as well as the entire proceedings of Case No.38540 of 2019 (State Vs. Mukesh and Ors. ), arising out of Case Crime No. 530 of 2017, under Sections- 498A, 323, 506 I.P.C., Police Station- Bidhanoo, District- Kanpur Nagar , pending in the court of A.C.J.M Court No. 3, Kanpur Nagar.
3. Learned counsel for the applicant submits that this court vide order dated 30.06.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 18.12.2022 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 18.12.2022 . Paragraph 7 and 8 of the said report reads as under:
"7) The following settlement has been arrived at between the Parties hereto:-
a) That the parties have already settled their dispute and decided to take divorce mutually. For the aforesaid purpose they have filed a petition u/s 13-B of the Hindu Marriage Act before Family Court, Kanpur Dehat, which is registered as Case No. 208 of 2021. The certified copy of aforesaid divorce petition is annexed herewith for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the applicant-husband shall pay an amount of Rs. 1,00,000/- (One lakh only) to the wife as a permanent alimony including Stridhan.
c) That it has also been agreed between the parties that the applicant-husband shall pay Rs. 500/- per month towards maintenance to the aforesaid daughter till attaining the age of majority. The aforesaid amount shall be deposited in the account no. 32658873617 (State Bank of India, Branch-Pukhrayan) of the wife. It is made clear that Rs. 6000/- has already been paid to the daughter at the time filing the aforesaid divorce petition and Rs. 6000/- shall be paid at the time final judgment in aforesaid divorce petition.
d) That out of aforesaid permanent alimony amount Rs. 50,000/- has been paid to the wife through demand draft at the time filing the aforesaid divorce petition and the remaining amount Le. Rs. 50,000/- shall be paid to the wife at the time of final judgment in aforesaid divorce petition before the Family Court, Kanpur Dehat.
e) That it has been agreed between the parties that the cases filed by them against each other regarding present matrimonial dispute, shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
f) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement, otherwise the aggrieved party shall be free to take legal recourse.
8-By Signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to Application U/S 482 No. 17937 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 18.12.2022 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
