Allahabad High Court
Manoj Kumar Singh & Another vs State Of U.P. & Another on 8 November, 2016
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 54 Case :- APPLICATION U/S 482 No. - 16372 of 2009 Applicant :- Manoj Kumar Singh & Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Aalok Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate,Shailesh Kumar Tripathi Hon'ble Vivek Kumar Birla,J.
List has been revised. No one is present on behalf of the opposite party no. 2.
Heard Shri Rajesh Kumar Tiwari, learned counsel for the applicants and learned A.G.A. for the State.
By means of this application, the applicants have prayed for quashing the proceedings of Criminal Case No. 1257 of 2009 (State vs Man Singh and others) arising out of Case Crime No. 882 -C of 2008, under sections 323, 504, 506, 498-A IPC and 3/4 Dowry Prohibition Act, PS Kopaganj, district Mau pending in the court of CJM, Mau.
Learned counsel for the applicants has filed supplementary affidavit annexing therewith the copy of compromise that has been taken place between the parties. He has also filed a copy of the order dated 10.01.2011, whereby Case No. 584 of 2008 (Smt. Radha Singh vs Man Singh) was disposed of on the basis of compromise. A copy of the plaint of the suit and order passed in the petition No. 499 of 2010 filed under section 13-B of Hindu Marriage Act was filed, which has been filed ultimately dismissed for non prosecution. It is submitted by the learned counsel for the applicants that the present applicants are the Jeth and Jethani of opposite party No. 2.
Pursuant to the order of this Court dated 03.08.2009, the matter was referred to the Mediation Centre. Mediation Centre has submitted its report dated 06.04.2010 along with settlement agreement arrived at between the parties, copy whereof is already on record. Clause 6 of the agreement settlement is quoted as under:
"6. The following settlement has been arrived at between the Parties hereto:-
a) That Sri Man Singh (non-applicant-Husband) and Smt. Radha Singh (Opp. Party No. 2-Wife) were married on 11.03.2003. During the wedlock, they were blessed with a son Master Priyanshu Singh on 26.12.2003.Soon thereafter their relations became strained and hence they are living separately since last about three years.
b). That now both the parties have decided to separate /take Mutual Divorce on the condition of a permanent alimony amount of Rs. 2,00,000/- (Rs. Two lacs only) payable through the bank draft in the name of Smt. Radha Singh before the court concerned where the proceedings of criminal case No. 1257 of 2009 filed by Smt. Radha Singh against her husband and others for the offence u/s 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, is pending at Mau.
c). That it has been agree between the parties that half of the said permanent alimony amount i.e. Rs. one lac shall be payable within two months from today and the remaining Rs. one lac shall be paid within six months thereafter. As soon the bank drafts of the said permanent alimony amount are submitted before the court concerned by Sri Man Singh, Smt. Radha Singh shall receive the same from the court itself. It is made clear between that this compromise shall be treated effective and operative only after the whole permanent alimony amount is submitted by Sri Man Singh. It is further agreed between the parties that after receiving the said whole permanent alimony amount by Smt. Radha Singh, she shall not claim any maintenance either for herself or for her son.
d) That the custody of child shall continue with mother. However, Sri Man Singh shall have the visiting right during the day hours.
e) That the matrimonial dispute between the parties gave rise to above noted criminal application as well as application u/s 125 Cr.P.C. pending before the court having jurisdiction at Mau as well as an application u/s 9 for restitution of conjugal right by Sri Man Singh and a criminal case for the offence u/s 392 and 406 IPC against Smt. Radha Singh and her family members pending before the court having jurisdiction at Deoria.
f). That in view of the aforesaid agreement, both the parties have agreed that all the cases shall be treated to be withdrawn and divorce decree to be passed for all practical purposes since the day when Man Singh submits that bank draft of aforesaid permanent alimony amount before the court concerned.
g). That both the parties have agreed that if Sri Man Singh is able to submit the whole permanent alimony amount of Rs. two lacs earlier than the time granted, he shall be free to deposit/submit the same before the court concerned and Smt. Radha Singh shall receive the same and this compromise shall be effective and operative earlier since the day when whole agreed permanent alimony amount is submitted by Sri Man Singh through bank draft. "
It is submitted that between the parties compromise had already taken place and as such prayer is that the entire proceedings of Criminal Case No. 1257 of 2009 (State vs Man Singh and others) arising out of Case Crime No. 882 -C of 2008, under sections 323, 504, 506, 498-A IPC and 3/4 Dowry Prohibition Act, PS Kopaganj, district Mau pending in the court of CJM, Mau may be quashed.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narinder Singh Vs. State of Punjab), the proceedings of the aforesaid case is hereby quashed.
The present application u/s 482 Cr.P.C. is accordingly allowed.
Order Date :- 8.11.2016 Sazia