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Hasnain Ashraf And 3 Others vs State Of U.P. And Another on 5 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 72

Case :- APPLICATION U/S 482 No. – 10211 of 2018

Applicant :- Hasnain Ashraf And 3 Others

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Anurag Sharma

Counsel for Opposite Party :- G.A.

Hon’ble Rajiv Joshi,J.

List has been revised. Nobody is present on behalf of the applicants.

Learned AGA is present.

Present application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 18.1.2017 as well as the entire proceedings of Case No. 528/2017 (State Vs. Hasnain Ashraf others), under Sections 498A, Section323, Section504, Section506, Section494 IPC and Section 3/4 of D.P. Act against the applicant no.1 and under Sections 498A, Section323, Section504, Section506 IPC and Section 3/4 of D.P. Act against applicant nos. 2 to 4.

Earlier, this Court vide order dated 29.3.2018, referred the matter to the mediation centre and pursuant to the order of this Court, parties appeared before the mediator. Following settlement has been arrived at between the parties on 26.9.2018:

(a) That the marriage of Sri Hasnain Ashraf (Applicant No. 1- Husband) and Smt. Ajra Parveen @ Ujra Parveen ( O.P. No. 2, wife) was solemnized on 21.11.2011 as per Muslim Law. Out of the aforesaid wedlock parties have no issue. After living together till December 2016, the relationship became strained between the parties and they are living separately since then.

(b) That Sri Hasnain Ashraf (Applicant No. 1 ? Husband) and Smt. Ajra Parveen @ Ujra Parveen (O.P. No. 2, wife) have stated to the mediators that the dispute between them is irreconcilable and they have decided to take mutual divorce on the condition of permanent alimony or Rs. 6,50,000/- (Rs. Six Lakhs Fifty thousand only) which consists of amount of Mehar and Iddat period.

That Sri Hasnain Ashraf (Applicant No. 1- Husband) has produced a demand draft of Rs. 6,50,000/- (Rs. Six Lakhs Fifty Thousand only) bearing No. 462122 dated 01.09.2018, issued by Punjab National Bank, drawn in favour “Ajara Paravin” which has been handed over to the wife and she has acknowledged the receipt of the same.

(d) That the parties have already taken divorce by mutual consent according to the Muslim Law and an affidavit executed on 01.09.2018 mentioning the same has been produced today by the parties and the same in annexed to this settlement agreement.

(e) That Smt. Ajra Parveen @ Ujra Parveen (O.P. No. 2, wife) has produced today the certified copy of the withdrawal application in the case filed by her u/s 125 of SectionCr.P.C., before the Principal Judge, Family Court, Budaun on 20.09.2018 and the same is annexed to this settlement agreement.

(f) That the parties have also brought today the certified copy of the withdrawal applications in the pending cases i.e. case no. 528/2017 and 986/2016 filed under Section 498A, Section504, Section506 of I.P.C. and of D.P. Act 1961 and u/s 384 of SectionI.P.C. All these applications have been filed by them before the court of J.M. (IInd), Budaun on 13.09.2018 and are annexed to this settlement agreement.

In view of the above, proceedings of Case No. 528/2017 (State Vs. Hasnain Ashraf others) are hereby quashed.

The application stands allowed.

Order Date :- 5.9.2019

Noman

 

 

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