Allahabad High Court
Jaiwanti And 3 Others vs State Of U.P. And Another on 3 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. - 18836 of 2018 Applicant :- Jaiwanti And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 19.2.2018 as well as proceedings of case no. 7653 of 2018 (State of U.P. Vs. Gajendra and others) in Case Crime No. 229 of 2017 under Sections 498-A, 323, 377, 376-D, 504, 506, 313 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S.- Debai, District- Bulandshahr pending before Chief Judicial Magistrate, Bulandshahr.
Learned counsel for the applicants submits that this court vide order dated 28.05.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 21.02.2019 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 6 & 7 of the settlement/agreement dated 21.02.2019. Paragraph 6 & 7 of the said report reads as under:
"6. In view of the Interim Settlement dated 03.01.2019, the following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Sri Gajendra (Son of Applicant No. 1-husband) and Smt. Rajnesh (OP No. 2, wife) was solemnized on 06.12.2015 Due to strained relationship the parties have been living separately since last 06 months. Out of aforesaid wedlock the parties have no issue
b) That as per Interim Settlement the parties have decided to reunite and live together as husband and wife in perfect harmony forgetting all previous disputes and differences and they undertake to discharge all matrimonial obligations towards each other in respectful manner and undertake not to commit any kind of cruelty against each other in future and have agreed to live together as husband and wife and discharge their duties and responsibilities towards each other.
c) That today i.e. 21.02.2019, Sri Gajendra and Smt. Rajnesh husband and wife have appeared before the Mediation Centre and stated to the mediator that they have been living together happily as per interim settlement and satisfied with the behavior of each other, they are happy with this reunion. They have no complaint or grievances against each other and have also decided to live together permanently.
d) That the husband undertakes to take care of his wife and provide all essential requirements and amenities in future.
e) That Sri Gajendra and Smt. Rajnesh undertake that none of them do any such act which is painful to other or hurt the feelings.
f) That both the parties assure each other that they shall make every possible effort for a happy and congenial relationship and environment.
g) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement, otherwise the aggrieved party will be free to take legal recourse.
h) That it has been agreed between the parties that the all Criminal and Civil cases filed by them against each other shall be withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month of this settlement.
7. By signing this Agreement the Parties hereto state that they have no further claims or against each other with respect to Crl. Misc. Application No. 18836 of 2018 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/ Mediation."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 21.02.2019 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
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 survive.
Order Date :- 3.2.2023 Jitendra