Allahabad High Court
Mohabbat Ali @ Mohammad Ali And Another vs State Of U.P.And Another on 31 January, 2023
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 1784 of 2009 Applicant :- Mohabbat Ali @ Mohammad Ali And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Jai Singh Yadav Counsel for Opposite Party :- Govt. Advocate 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 proceedings of Case No.7681 of 2008 arising out of case crime No. 471 of 2008 under Sections 147, 352, 364, 511 IPC, Police Station Civil Lines, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad.
Learned counsel for the applicants submits that this court vide order dated 12.12.2008 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 17.5.2009 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 and 7 of the settlement/agreement dated 17.5.2009 . Paragraph 6 and 7 of the said report reads as under:
"6. The following settlement has been arrived at between the Parties hereto:-
a. That Md. Sarfraz Sheikh (husband) & Smt. Yashmin Saifi (wife) were married on 08.05.2006. But their relation became strain almost within one year of the marriage and hence they are living separately since April 2007. Due to the misunderstanding between husband and wife several Civil and Criminal cases were filed by Smt. Yashmin Saifi against her husband and family members.
b. That both the parties have agreed to forget their past and accordingly they are ready to live together. Hence they are leaving the Mediation Centre today together itself.
c. That Smt. Yashmin Saifi has agreed to withdraw her complaint/FIR (Case Crime No. 417 of 2008) filed against her husband and others for the offences of sections 147, 352, 364, 511 IPC registered at PS-Civil Lines, Moradabad as well as the complaint/FIR (Case Crime no. 515/2007) filed for the offences of 498-A, 323, 504, 506, IPC and D. P. Act registred at P.S- Bilari, District- Moradabad including the application filed U/s 125 Cr.P.C. seeking maintenance before the Court having jurisdiction at Moradabad.
d. That both the parties have agreed to live in perfect harmony, not to act cruelty against each other and maintain the dignity of their relation.
e. That in view of the above noted conditions of this settlement, both the parties have agreed that all the Civil and Criminal cases filed by them against each other, shall be treated to be withdrawn for all practical purposes from today itself.
7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to Crl. Misc. Application No. 33769 of 2009 & Crl. Misc. Application No. 1784 of 2009 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 17.5.2009 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.
Order Date :- 31.1.2023 Faraz