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Nikhil And 2 Others vs State Of U.P. And Another on 20 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 72

Case :- APPLICATION U/S 482 No. – 45712 of 2018

Applicant :- Nikhil And 2 Others

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

Counsel for Applicant :- Balram Mishra

Counsel for Opposite Party :- G.A.,Ghanshyam Das Mishra

Hon’ble Rajiv Joshi,J.

Heard Sri Balram Mishra, learned counsel for the applicants, Sri Ramesh Upadhaya holding brief of Sri Ghanshyam Das Mishra on behalf of opposite party no. 2 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 No. 01 of 2018 dated 25.01.2018 as well as the entire proceedings of Case No. 2083 of 2018 (State Vs. Nikhil and others) registered with Case Crime No. 24 of 2017, under Sections 498A, Section504, Section323, Section506 IPC 3/4 D.P. Act, Police Station Mahila Thana, District Sant Kabir Nagar, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Sant Kabir Nagar.

As the dispute is regarding the husband and wife, earlier vide order dated 17.12.2018, this Court referred the matter to the Mediation and Conciliation Centre. Pursuant to the said order, the parties appeared before the mediator wherein the settlement dated 05.08.2018 was arrived at between the parties on the conditions which are quoted herein under:

(a) That the marriage of Sri Nikhil (Applicant No. 1-husband) and Smt. Sujata Devi (No. 2- Wife) was solemnized on 21.01.2015. Out of aforesaid wedlock parties have no issue. Due to strained relation parties have been living separately since March 2017.

(b) That as per Interim Settlement parties have decided to reunite and live together as husband and wife in perfect harmony forgetting all previous disputes and differences and since then they are living together.

(c) That today i.e. 05.08.2019, Sri Nikhil (Applicant No. 1-husband) and Smt. Sujata Devi (No. 2- Wife) have appeared before the Mediation Centre and stated to the mediators and they have been living together happily as per interim settlement and satisfied with the behaviour of each other, they are happy with this reunion. Now they have no complaint against each other.

(d) That the husband undertakes to take care of his wife and provide all essential requirements and amenities in future.

(e) That husband and wife undertake that none of them will do any such act which is painful to other or hurt the feelings.

(f) That both the parties assure each other that they shall make every possible effort for a happy and congenial relationship and environment.

(g) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement.

(h) That it has been agreed between the parties that the all Criminal and Civil cases filed by them against each other shall be withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month of this settlement.

In view of the above, since the parties are living together peacefully in terms of the settlement, the present proceedings of Case No. 2083 of 2018 (State Vs. Nikhil and others) registered with Case Crime No. 24 of 2017, under Sections 498A, Section504, Section323, Section506 IPC 3/4 D.P. Act, Police Station Mahila Thana, District Sant Kabir Nagar, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Sant Kabir Nagar, is hereby quashed.

The application stands allowed.

Order Date :- 20.8.2019

Shivangi

 

 

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