- (1.) Leave granted. These appeals have been preferred against the orders dated 30.10.2013 and 14.02.2014 passed by the High Court of judicature at Allahabad in Criminal Misc. Application No. 39069 of 2013 and Criminal Misc. Application No. 4895 of 2014 respectively. By the impugned orders the High Court dismissed the petitions filed Under Section 482 Code of Criminal Procedure for quashing the entire proceedings of Complaint Case No. 335 of 2013. As both the cases arise out of a common matrimonial dispute the matter was referred to the Mediation Center of this Court. The Supreme Court Mediation Center by letter dated 8th October, 2014 has intimated that the parties have arrived at an amicable settlement. The settlement agreement is on record, the relevant portion of which reads as follows: "1. That the parties have agreed to get their marriage dissolved by mutual consent. The parties have further agreed to request the Hon'ble Supreme Court to grant such decree under Article 142 of the Constitution of India and shall jointly move an application for this purpose. However, should the Hon'ble Supreme Court decline to do the same, the parties have agreed to file the First Motion Under Section 13B(1) Hindu Marriage Act, 1955 before the appropriate Family Court at Moradabad, Uttar Pradesh immediately after passing of an order by this Hon'ble court. 2. That the parties have agreed that the Respondent will pay a sum of Rs. 15,00,000/- (Rs. Fifteen Lacs only) in total out of which a FDR of Rs. 5,00,000/- (Rs. Five Lacs only) will be given in the name of the minor son Somya Kumar and nominee will be the Respondent-mother Ms. Suman Raj and balance Rs. 10,00,000/- (Rs. Ten Lacs only) will be paid by the Respondent to the Petitioner by demand draft in the name of the Petitioner "Suman Raj" within three months before the Hon'ble Supreme Court at the time of passing of decree for divorce. However, in the event the Hon'ble Supreme Court declines to pass the decree of divorce Under Article 142 of the Constitution of India and the parties have to approach the Family Court at Moradabad, Uttar Pradesh, the said amount shall be paid in two tranches of Rs. 5,00,000/- each. Rs. 5,00,000/- shall be paid at the time of passing of order on First Motion and remaining Rs. 5,00,000/- shall be paid at the time of passing of order on Second Motion."
(2.) In view of the settlement agreement reached between the parties, we set aside the impugned orders and quash the following proceedings: "(I) Case No. 335/2013 filed Under Section 498A, 323, 504, 506 and 3/4 of D.P. Act by the Respondent-wife against the Appellant-husband pending in the court of AMM, Moradabad, Uttar Pradesh. (II) Case No. 319/2013 filed under Domestic Violence Act by the Respondent-wife against the Appellant-husband pending in the Court of AMM(3), Moradabad, Uttar Pradesh. (III) Case No. 79/9/2013 filed under 125 Code of Criminal Procedure by the Respondent-wife against the Appellant-husband pending before Family Court, Moradabad, Uttar Pradesh. (IV) Complaint Case No. 408/2013 titled as Jitendra Kumar v. Rajesh and Ors. field Under Section 149, 452, 323, 392, 506 Indian Penal Code by the Appellant-husband against the father of the Respondent and family members and relatives pending before CJM, Rampur, Uttar Pradesh. (V) Case HMP No. 213/2012 filed Under Section 9 Hindu Marriage Act, by the Appellant-husband against the Respondent-wife pending before Civil Judge (Sr. Division) Rampur, Uttar Pradesh. (VI) Case No. 132/2013 filed Under Section 498A, 323, 5034 Indian Penal Code and 3/4 D.P. Act pending before ACJM-6, Moradabad, Uttar Pradesh."
(3.) In so far as payment to be made by the Appellant-husband Jitendra Kumar in favour of the complainant-wife Ms. Suman Raj, it is informed that out of Rs. 15 lacs in total, an FDR of Rs. 5 lacs in the name of the minor son Somya Kumar with nominee mother has been handed over. Rest of the amount of Rs. 10 lacs was to be paid by the Appellant-husband to the complainant-wife Ms. Suman Raj towards full and final settlement of all her claims towards alimony, maintenance (past, present and future). The remaining sum of Rs. 10 lacs was to be paid by the Appellant in three months time as per the agreement dated 27.09.2014.;