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Smt. Kulsum And 5 Others vs State Of U.P. And Another on 5 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 72

Case :- APPLICATION U/S 482 No. – 31366 of 2018

Applicant :- Smt. Kulsum And 5 Others

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

Counsel for Applicant :- Bhaskar Bhadra

Counsel for Opposite Party :- G.A.,Deepak Singh Yadav

Hon’ble Rajiv Joshi,J.

Heard Shri Bhaskar Bhadra, learned counsel for the applicants, learned A.G.A. for the State and Shri Deepak Singh Yadav, learned counsel for O.P. No.2.

Present application under Section 482, SectionCr.P.C. has been filed for quashing the impugned order dated 7.8.2018 passed by Additional Session Judge, Court No.9, Bareilly in Criminal Revision No.190/17, Smt. Kulsum and others Vs. State of U.P. and another and order dated 30.4.2012 passed by J.M., I, Aonla, Bareilly in complaint case No.156/12, under Section 498A, Section323, SectionIPC Section 3/4 D.P. Act, Smt. Nusrat Vs. Riaz Ahmad and others, P.S. Aonla, District Bareilly.

This Court vide order dated 11.9.2018 referred the matter to the Mediation Centre and in compliance of the said order, parties appeared before the mediator and settlement has been arrived between them on 4.7.2019. The terms and conditions of settlement are as under:-

“a) That the marriage of Riaz Ahmad (Applicant No.6-husband) and Smt. Nusrat (O.P. No.2-wife) was solemnized in the year 2007. Out of aforesaid wedlock a son namely Mohd. Shami was born, who is now aged about 10 years. They started living separately in the year 2010. Talaq between the parties has already been taken place in the year 2018.

b) That the parties have entered into a settlement (Samjhautanama) and produce the same in original before the Centre, which is being annexed to this settlement-agreement for kind perusal of the Hon’ble Court.

c) That as agreed in aforesaid settlement, the applicant-husband has handed over a demand draft bearing no.945966 dated 01.07.2019 for Rs.1,10,000/- drawn on SBI in favour of Nisha as she has no bank account as per the name mentioned in the present case. The wife/O.P. No.2 has acknowledged the receipt of aforesaid demand draft today i.e. 04.07.2019.

d) That it has been agreed between the parties that the case filed u/s 125 SectionCr.P.C. by the wife/O.P. No. 2 shall be withdrawn by her as soon as possible as she has received Rs.1,10,000/-towards her and her son’s one time maintenance today i.e. 04.07.2019.

e) That it has also been agreed between the parties that all the civil and criminal cases filed by them against each other shall be withdrawn by the parties concerned talking necessary steps before the Court/authority concerned as soon as possible.

f) That it has been agreed between the parties that if the Hon’ble Court is pleased to allow the Application U/S 482 No.31366 of 2018, the O.P. No.2 will have no objection in any manner whatsoever.”

In view of above, proceedings of complaint case No.156/12, under Section 498A, Section323, SectionIPC Section 3/4 D.P. Act, Smt. Nusrat Vs. Riaz Ahmad and others, P.S. Aonla, District Bareilly are, hereby, quashed.

The application stands allowed.

Order Date :- 5.8.2019

T. Sinha

 

 

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