HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 72
Case :- APPLICATION U/S 482 No. – 18659 of 2018
Applicant :- Anurag Singh And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Amit Kumar Gaur,Chandan Bhagat,Rahul Shekhar
Counsel for Opposite Party :- G.A.,Mohammad Sadab Khan
Hon’ble Rajiv Joshi,J.
Heard Sri Rahul Shekar, learned counsel for the applicants and learned A.G.A. for the State.
Learned counsel for the opposite party no. 2 is not present even in the revised call of the cause list. Perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 11.05.2017 as well as entire proceedings of Case No. 57548 of 2017 (State Versus Anurag Singh and others), arising out of Case Crime No. 622 of 2016, under Sections 498A, Section323, Section504, Section506 IPC and Section 3/4 D.P. Act, Police Station Chakeri, District Kanpur Nagar, pending in the Court of learned Chief Metropolitan Magistrate, Kanpur Nagar.
As the dispute is regarding the husband and wife, earlier vide order dated 25.05.2018, this Court referred the matter to the mediation centre. Pursuant to the said order, the parties appeared before the mediator wherein the settlement dated 23.10.2018 was arrived at between the parties on the conditions which are quoted herein under:
(a) That the marriage of Sri Anurag Singh (Applicant No. 1- husband) and Smt. Sandeep Rai (Opposite Party No. 2- wife) was solemnized on 02.12.2014. Due to strained relationship the parties have been living separately from the year 2015. Out of aforesaid wedlock the parties have no issue.
(b) That have decided to take divorce and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Kanpur Nagar, which is registered as Case No. 2334 of 2018.
(c) That it has been agreed between the parties that the applicant-husband shall pay a permanent alimony including stridhan of Rs. 6,00,000/- (six lakhs only) to the wife in two installments.
(d) That as agreed between the parties on 04.09.2018, Sri Anurag Singh (Applicant No. 1- husband) has handed over all the belongings of Smt. Sandeepa Rai (Opposite Party No. 2- wife) on 23.09.2018 and she has acknowledged the receipt of the same.
(e) That on 23.09.2018 Sri Anurag Singh (Applicant No. 1- husband) has handed over the possession of Bajaj Pulsar Bike to Smt. Sandeepa Rai and she has acknowledged the receipt of the same.
(f) That as agreed between the parties, Sri Anurag Singh (Applicant No. 1- husband) produced a demand draft of Rs. 3,00,000/- (three lacs only) bearing D. D. No. 766352 dated 20.09.2018 drawn on Union Bank of India, in favor of “Sandeepa” and the same was kept in the concerned file with the consent of the parties to be handed over to the wife/O.P. No. 2 but the said demand draft was not issued as per the name of the wife in her bank account due to which the said demand draft has been returned to the applicant-husband and he has acknowledged the receipt of the same. The applicant-husband has handed over afresh demand draft bearing no. 766410 dated 16.10.2018, drawn on Union Bank of India drawn in favour of “Sandipa Rai” for Rs. 3,00,000/- (three lacs only) to the wife/O.P. No. 2 and she has acknowledged the receipt of the same.
(g) That Smt. Sandeepa Rai (Opposite Party No. 2-wife) undertakes that she will file a withdrawal application in the case filed u/s 125 of SectionCr.P.C., pending in the Court of Principal Judge Family Court, Kanpur Nagar within 15 days from today i.e. 23.10.2018.
(h) That the remaining amount i.e. Rs. 3,00,000/- (three lacs only) will be paid by the husband to the wife by way of demand draft to the wife/O.P. No. 2 at the time of passing the final judgement in aforesaid family court before the Family Court, Kanpur Nagar.
(i) That it has also been agreed between the parties that all the cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
(h) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the, aggrieved party will be free to take legal recourse.
In view of the above, the present proceeding of Case No. 57548 of 2017 is hereby quashed.
The application stands allowed.
Order Date :- 22.7.2019
Shivangi
