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Vinit And 2 Others vs State Of U.P. And 2 Others on 23 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 72

Case :- APPLICATION U/S 482 No. – 19948 of 2018

Applicant :- Vinit And 2 Others

Opposite Party :- State Of U.P. And 2 Others

Counsel for Applicant :- Satish Kumar Tyagi

Counsel for Opposite Party :- G.A.

Hon’ble Rajiv Joshi,J.

1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. The present 482 SectionCr.P.C. application has been filed to quash the charge sheet dated 26.03.2017 bearing no. 29/17 and proceedings of Case No. 1217 of 2017, arising out of Case Crime No. 541 of 2015, SectionState vs. Vinit and others, under Sections 498A, Section323, Section504, Section506 IPC and 3/4 of D.P. Act, P.S. Mahila Thana, District Gautambuddh Nagar pending in the court of Civil Judge (S.D.)/F.T.C., Gautam Buddh Nagar.

3. Learned counsel for the applicants submits that this court vide order dated 31.5.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 29.11.2018 between the parties. A copy of the same is on record. Perusal of the settlement/agreement thus reached reveals that the parties have amicably settled their dispute and further agreed to withdraw the cases between them. The said fact has been mentioned in para no. 06 of the settlement/agreement dated 29.11.2018 . Paragraph no. 06 of the said report reads as under:

“6 (a) That the marriage of (Applicant No.1- Husband) and Smt. Chanchal (Opposite Party No.3- wife) was solemnized on 18.11.2013. out of aforesaid wedlock the parties have no issue. They have been living separately since 23.9.2015.

(b) That the parties have already filed an application u/s 13-B of the Hindu Marriage Act in the Court of Principal Family Judge, Gautambudh Nagar and the said application amount of permanent alimony is settled to the tune of Rs. 30,00,000/- (thirty lacs), even at the time of filing of the application Rs. 15,00,000/- (fifteen lacs) were already paid to the wife. The certified copy of the aforesaid divorce petition and order-sheet are being annexed to this settlement -agreement for kind perusal of the Hon’ble Court.

(c) that after filing of the said application, the amount of permanent alimony was raised to the tune of Rs. 74, 00,000/- (seventy four lacs) out of which Rs. 59, 00,000/- (fifty nine lacs) have already been paid to the O.P. No.3 wife and rest of the 15,00,000/- (fifteen lacs) will be paid to O.P. No.3 at the time of passing final judgment in aforesaid divorce case No. 602 of 2018 as stipulated in the application itself.

(d) That in view of the settlement-agreement, the parties shall withdraw their cases filed by them against each other.”

4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 29.11.2018 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.

5. The present application is allowed, subject to the applicants complying with the terms of settlement agreement noted above.

Order Date :- 23.7.2019

Akbar

 

 

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