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Kumar Aradhya And 2 Others vs State Of U.P. And Another on 26 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 72

Case :- APPLICATION U/S 482 No. – 39074 of 2018

Applicant :- Kumar Aradhya And 2 Others

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

Counsel for Applicant :- Mohit Behari Mathur

Counsel for Opposite Party :- G.A.

Hon’ble Rajiv Joshi,J.

Heard Sri Mohit Behari Mathur, learned counsel for the applicants and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 07.04.2018 and cognizance order dated 11.05.2018 as well as the entire proceedings of Case No. 16498 of 2018 (State Vs. Kumar Aradhya and others), arising out of Case Crime No. 407 of 2017, under Sections 498A, Section506, Section406 IPC, Police Station Mahila Thana, District Ghaziabad, pending before VIII Additional Chief Judicial Magistrate, Ghaziabad.

As the dispute is regarding between the husband and wife, earlier vide order dated 14.11.2018, this Court referred the matter to the Mediation and Conciliation Centre. Pursuant to the said order, the parties appeared before the mediator wherein the final settlement dated 07.05.2019 was arrived at between the parties on the following terms and conditions which are quoted herein under:

“(a) That the marriage of Kumar Aradhya (Applicant No. 1-husband) and Smt. Neha Srivastava (O.P. No. 2- wife) was solemnized on 27.04.2015. Out of aforesaid wedlock, the parties have no issue. They have been living separately since 02.01.2016.

(b) That the parties have decided to take divorce by filing a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Ghaziabad on 02.05.2019 and shall produce the certified copy of the same before the Centre on the next date i.e. 07.05.2019.

(c) That it has been agreed between the parties that the husband shall pay a permanent alimony of Rs. 10,00,000/- (ten lacs only) to the wife through demand draft in two equal installments.

(d) That today i.e. 23.04.2019, the applicant-husband has produced a demand draft bearing no. 177780 dated 22.04.2019 drawn on Allahabad Bank for Rs. 5,00,000/- which is being kept in the file of the Mediation Centre with the consent of the parties and the same shall be handed over to the wife/O.P. No. 2 at the time of final settlement on 07.05.2019.

(e) That it has been agreed between the parties that the remaining amount i.e. Rs. 5,00,000/- will be paid by the husband to the wife by way of demand draft at the time of final judgment in aforesaid divorce petition before the Family Court, Ghaziabad.

(f) That it has been agreed between the parties that the cases pending between them shall be kept in abeyance by the parties concerned during this intervening period.

(g) That it has been agreed between the parties that they shall appear again before the Centre on 07.05.2019.”

In view of the above, the present proceedings of Case No. 16498 of 2018 (State Vs. Kumar Aradhya and others), arising out of Case Crime No. 407 of 2017, under Sections 498A, Section506, Section406 IPC, Police Station Mahila Thana, District Ghaziabad, pending before VIII Additional Chief Judicial Magistrate, Ghaziabad, is hereby quashed.

The application stands allowed.

Order Date :- 26.8.2019

Shivangi

 

 

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