Research › Search › Judgment

Allahabad High Court · body

2023 DIGILAW 391 (ALL)

Manish v. State of U. P.

2023-02-08

SAUMITRA DAYAL SINGH

body2023
JUDGMENT : SAUMITRA DAYAL SINGH, J. 1. Heard 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 01.06.2020 and charge-sheet No. 50 of 2019, dated 13.10.2019 as well as the entire proceedings of Criminal Case No. 187 of 2020 (State vs. Manish and Others), arising out of Case Crime No. 0043 of 2019 , under Sections 498A, 323, 504 I.P.C. and 3/4 of DP Act, Police Station-Mahila Thana (Safai), District-Etawah, pending in the court of learned ACJM-V, Etawah. 3. Learned counsel for the applicants submits that this court vide order dated 27.04.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 22.01.2023 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 7 and 8 of the settlement/agreement dated 22.01.2023. Paragraph 7 and 8 of the said report reads as under: “The following settlement has been arrived at between the Parties hereto: (a) That the parties have settled their dispute and decided to take divorce mutually. For the aforesaid purpose they have filed a petition u/s 13-B of Hindu Marriage Act before the Family Court, Etawah which is registered as H.M.A. No. 41 of 2022. The aforesaid divorce petition includes all the terms and conditions settled between the parties. The certified copy of the aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court. (b) That it has been agreed between the parties that they shall live separately. And shall not claim any kind of maintenance, alimony and stridhan etc against each other in any manner whatsoever. (c) That it has also been agreed between the parties that all civil and criminal cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. (d) 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. (d) 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. (e) 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. 9211 of 2022 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 22.01.2023 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed. 5. The present application is allowed, subject to the applicants complying with the terms of settlement agreement noted above. 6. However, it is left open to the opposite party no. 2 to seek recall of this order, is just cause survives.