Allahabad High Court
Shekhar And 8 Others vs State Of U.P.And Another on 21 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- APPLICATION U/S 482 No. - 44295 of 2019 Applicant :- Shekhar And 8 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sanjay Kumar Yadav,Shri Ram Yadav Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.
2. The present 482 CrPC application has been filed to quash the impugned order dated 27.10.2018 passed by the Judicial Magistrate-I, Basti in Case No.4778 of 2018 (State Vs. Shekhar and others) arising out of Case Crime No.27 of 2018, under Sections 498-A, 406, 323, 504 IPC and Section 3/4 DP Act, Police Station Haraiya, District Basti.
3. Learned counsel for the applicant submits that this court vide order dated 27.01.2020 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 18.02.2021 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 disputes and further agreed to withdraw the cases between them. The said fact has been mentioned in paragraph nos.7 and 8 of the settlement/agreement dated 18.02.2021. Paragraph nos.7 and 8 of the said report read as under:
"7. The following settlement has been arrived at between the parties hereto:-
a) That after living together about one year as husband wife the applicant no.1 and O.P. No.2 stated that they are fully satisfied with this reunion and further they want to continue it for the rest of their lives.
b) That the parties further undertake to discharge all matrimonial obligations towards each other in respectful manner and not to commit any kind of cruelty against each other in any manner whatsoever.
c) That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities.
d) That the husband undertakes to take care of his wife and the daughter and provide all essential requirements and amenities to them in future.
e) That it has also been agreed between the parties that all the cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps befor the Court/authority concerned.
8. By signing this Agreement the Parties hereto state that the Application U/S 482 No. 44295 of 2019 and all disputes and differences in this regard have been amicable settled by the Parties hereto through the process of Conciliation/Mediation."
4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 18.02.2021 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 applicant complying with the terms of settlement agreement noted above.
6. Leave is granted to the opposite party no.2 to seek recall of this order if the terms of the settlement/agreement reached between the parties are not fulfilled.
Order Date :- 21.2.2023 Shahroz