Allahabad High Court
Mohd. Zakir Ali And 2 Others vs State Of U.P. And Another on 2 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. - 36011 of 2016 Applicant :- Mohd. Zakir Ali And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aqueel Khan 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 proceeding of Complaint Case No.6595 of 2010 "Smt. Asiya Begum vs. Mohd. Zakir Ali and others", under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Sarai Akil, District Kaushambi, pending in the court of learned Chief Judicial Magistrate, Kaushambi.
Learned counsel for the applicants submits that this court vide order dated 25.11.016 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 09.07.2017 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 09.07.2017. Paragraph 6 & 7 of the said report reads as under:
"6. In view of the Interim Settlement dated 14.05.2017, the following settlement has been arrived at between the Parties hereto:-
a) That the marriage (Nikah) of Sri Mohd. Zakir Ali (Applicant No.1 -husband) and Smt. Asiya Begum (Opposite Party No. 2-wife) was solemnized on 24.11.2008. Out of aforesaid wedlock, the parties have no issue. After some time of their marriage the relationship between the parties became strained and hence they started living separately.
b) That the parties have already taken divorce as per Shariyat, they have also filed Mobarrat (Mutual Divorce Petition No. 154/17) before the Family Court, Kaushambi and produced the certified copy of the same which is annexed to this settlement.
c) That as per Interim Settlement dated 14.05.2017 the parties have decided to settle their dispute on the condition that the husband shall pay an mount of Rs. 1,40,000/- to the wife. The said amount shall includes all the financial claims of the wife against the husband and his family members.
d) That the husband had produced demand draft bearing no. 052486 dated 11.05.2017, for Rs. 1,00,000/- and bearing No. 052540 dated 15.06.2017 for Rs 40,000/- (Total 1,40,000/-) in favour of Asheya Bibi wife, which were kept on record, have been handed over to her today and she has acknowledged the receipt of the same.
e) That as agreed between the parties that they have moved withdrawal application (before the C.J.M Court Kaushambi in connection of Case No. 6595/10, and Principal Judge Family Court Kaushambi in connect of Case No. 329/14) in the cases filed by them against each other and have produced certified copies of the said withdrawal applications which are annexed to this Settlement Agreement.
f) That hereafter parties have no further claim against each other in any nature.
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. 36011 of 2016 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 09.07.2017 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 opposite party no.2 to seek recall of this order if the terms of the settlement is not complied with by the applicants.
Order Date :- 2.2.2023 Jitendra