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Vishwas Sinha And 3 Others vs State Of Up And Another on 15 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 72

Case :- APPLICATION U/S 482 No. – 23275 of 2018

Applicant :- Vishwas Sinha And 3 Others

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Ajay Kumar Kashyap

Counsel for Opposite Party :- G.A.,Rishi Bhushan Jauhari

Hon’ble Rajiv Joshi,J.

Heard Sri Ajay Kumar Kashyap, learned counsel for the applicants, Sri Mayank Kumar Singh holding brief of Sri Rishi Bhushan Jauhari, learned counsel for the opposite party no.2 and leaned AGA for the State.

Present application under Section 482 Cr.P.C has been filed for quashing the charge sheet dated 12.3.2018 including the cognizance order dated 11.6.2018 as well as the entire proceedings of Case No. 1067 of 2018 (State Vs. Vishwas and others), arising out of Case Crime No. 3280 of 2017, under Section 498A IPC and Section 3/4 of D.P. Act, P.S. Kotwali, District Shahjahanpur, pending in the court of Civil Judge (Junior Division), Shahjahanpur.

This Court vide order dated 18.7.2018 referred the matter to the Mediation and Reconciliation Centre of this Court. Pursuant to the order of this Court, parties were appeared before the mediator and a settlement agreement has been arrived at between them on 10.05.2019 on the following terms:

“(a) That the marriage of Sri Vishwash Sinha (Applicant No. 1, husband) and Smt. Poonam Sinha (O.P. No. 2, wife) was solemnized on 20.11.2012. Out of the aforesaid wedlock parties have a daughter Misty, 05 years of age who will live with her mother. Due to strained relationship the parties have been living separately since 30.08.2014.

(b) That Sri Vishwash Sinha (Applicant No. 1, husband) and Smt. Poonam Sinha (O.P. No. 2, wife) have decided to take mutual divorce on the condition that the husband will pay a permanent alimony including Stridhan of Rs. 05 Lakhs (Rupees five lakhs only) to the wife in 3 installments.

(c) That parties have filed a mutual divorce petition No. 251/19 under Section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court Shahjahanpur and produced the xerox copy instead of certified copy of the same which is being annexed to this Settlement Agreement. That parties and their counsels have assured that they shall produce the certified copy in the Hon’ble High Court before the next date fixes by the Court.

(d) That at the time of filing of 13 B of Hindu Marriage Act the husband has given Rs. 02 Lakhs (Rs. Two lakhs only, (1st Installment) to the wife which she has acknowledged it today also and the husband shall pay Rs. 01 Lakh (2nd Installment) within two months, these facts have also mentioned in the 13 B of the H.M. Act.

(e) That it has been agreed between the parties that the remaining amount Rs. 02 Lakhs (Rs two lakhs only, (3rd Installment) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgment of mutual divorce petition in the family court.

(f) That the husband has returned all the gifted items to the wife which were given to him at the time of marriage details of such items are also mentioned in the agreement held between them.

(g) That thereafter parties shall have no further claim against each other of any nature with regard to the present case.

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

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

In view of the above settlement agreement, proceedings of proceedings of Case No. 1067 of 2018 (State Vs. Vishwas and others), arising out of Case Crime No. 3280 of 2017, under Section 498A IPC and Section 3/4 of D.P. Act, P.S. Kotwali, District Shahjahanpur, pending in the court of Civil Judge (Junior Division), Shahjahanpur are hereby quashed.

The application stands allowed.

Order Date :- 15.10.2019

Noman

 

 

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