Allahabad High Court
Balram Alias Satya Kumar And 4 Others vs State Of U.P. And Another on 7 February, 2023
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 19703 of 2021 Applicant :- Balram Alias Satya Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sandeep Kumar Gupta, learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 26.03.2021, charge sheet dated 12.03.2021 as well as the entire proceedings of Criminal Case No. 1688 of 2021 (State Vs. Balram @ Satya Kumar & Ors.), arising out of Case Crime No. 6 of 2021, under Sections - 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station - Nayagaon, District - Etah, pending in the court of A.C.J.M., Court No.7, Etah.
3. Learned counsel for the applicants submits that this court vide order dated 26.10.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 21.10.2022 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 paragraph nos. 7 and 8 of the settlement/agreement dated 21.10.2022. Paragraph nos. 7 and 8 of the said report reads as under:
"7. In view of the Interim Settlement Agreement dated 05.08.2022, the following settlement has been arrived at between the Parties hereto:
a) That the parties entered into an interim settlement dated 05.08.2022 and decided to live together as husband and wife forgetting all previous disputes and differences. In continuation of the aforesaid interim settlement, the parties appeared and 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 undertake not to commit any kind of cruelty against each other in any manner whatsoever.
c) That it has been agreed between the parties that they will behave properly living in peaceful and cordial atmosphere.
d) That the husband undertakes to take care of his wife and daughter and fulfill 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 or their family members regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
f) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also.
g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse.
8.-By signing this Agreement the Parties hereto state that the Application U/s 482 No. 19703 of 2021 and all disputes and differences in this regard have been amicably 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 21.10.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
5. In view of the above, the present application is allowed. However, it is left open to the opposite party no.2 to seek recall of this order, if just cause survives.
Order Date :- 7.2.2023 Abhilash