RAVINDRA SINGH,J. - (1.) THIS application has been filed by the applicant Rajesh Kumar Yadav (Dr.) with a prayer to quash the proceedings of case No. 768 of 2009 arising out of chargesheet dated 27.3.2009 submitted in case crime No. 70 of 2007 under sections 498 -A, 323, 504, 506 IPC and section ¾ D.P. Act, P.S. Mahila Thana, District Allahabad, pending in the court of learned Judicial Magistrate -I, Allahabad.
(2.) HEARD Sri Alok Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Brijraj appearing on behalf of O.P. No. 2 Raj Bahadur Yadav. It is contended by learned counsel for the applicant that in the present case the marriage of the applicant was solemnized with Smt. Anuradha, daughter of O.P. No. 2 Raj Bahadur Yadav, after marriage some disputes and differences had arisen between the husband and wife which resulted in lodging the FIR against the applicant and his family members. The FIR was lodged by Raj Bahadur Yadav against the applicant and his family members in case crime No. 70 of 2007 under sections 498 -A, 323, 504, 506 IPC and section ¾ D.P. Act, P.S. Mahila Thana, District Allahabad, the FIR dated 18.12.2007 lodged against the applicant and others was challenged by the applicant by way of filing criminal Misc. Writ Petition No. 2461 of 2009 before this court, on that writ petition the matter was referred to Mediation and conciliation Centre of this court vide order dated 16.2.2009. The applicant and his wife Smt. Anuradha appeared before Mediation and conciliation Centre of this court where they voluntarily arrived an amicable solution resolving the above mentioned disputes and differences, they have voluntarily and on their own free will arrived at a settlement agreement on dated 7.6.2009. The settlement has been mentioned in para -6 of settlement agreement dated 7.6.2009. Paragraph -6 of settlement agreement is hereby quoted as under: "6. The following settlement has been arrived at between the Parties hereto: a. That Sri Rajesh Kumar Yadav S/o Sri Samala Prasad Yadav (Applicant No. 11 - Husband) and Smt. Anuradha W/o Sri Rajesh Kumar Yadav D/o Sri Raj Bahadur Yadav (Daughter of O.P. No. 4 - Wife) have agreed for divorce by mutual consent. b. That the applicant has agreed to pay to the O.P. No. 2 Smt. Anuradha Rs. 4 lacs as full and final payment towards maintenance and permanent alimony by bank draft in favour of Smt. Anuradha. c. That the applicant in pursuance of said agreed alimony amount has brought a Bank Draft No. 392730 of State Bank of India Akharpur Bhopal Branch dated 29.5.2009 of Rs. 2,40,000/ - and Bank Draft No. 534474 of Rs. 1,50,000/ - and Bank Draft No. 4477123 of Rs. 10,000/ - in favour of Smt. Anuradha Yadav payable at Allahabad. d. That the O.P. No. 2 Smt. Anuradha has received the aforesaid Bank Drafts today. She has no further claim whatsoever against the applicant No. 1 and his family members. e. That the O.P. No. 2 has obtained an exparte order in maintenance case No. 226 of 2008 Anurdha Yadav Vs. Rajesh Yadav passed by the Principal Judge, Family Court, Allahabad wherein the applicant was directed to pay Rs. 3,000/ - per month to the O.P. No. 2 from the date of order i.e. 6.2.2009. However, the applicant no. 1 has paid Rs. 9,000/ - in cash to day to the O.P. No. 2. f. That both the parties agree that permanent alimony amount which has been accepted today shall include the maintenance amount awarded under order dated 6.2.2009 by the Family Court Allahabad and no further maintenance shall be payable by Sri Rajesh Kumar to his wife Smt. Anuradha. g. That in view of the above noted conditions of this settlement, both the parties agree that this compromise shall be treated as their consent for mutual divorce and all the criminal and civil cases filed by the O.P. No. 2 shall be treated to withdrawn and the divorce decree to be pass for all practical purposes. h. That O.P. No. 2 has also agreed that she will have no objection if the Hon'ble Court may allow the present writ petition No. 2461 of 2009.
(3.) IN terms of the agreement the applicant paid the amount of Rs. 4 lacs to Smt. Anuradha, the daughter of O.P. No. 2 as full and final payment towards maintenance and permanent alimony by Bank Draft No. 392730 dated 29.5.2009 of Rs. 2,40,000/ - Bank Draft No. 534474 of Rs. 1,50,000/ - and Bank Draft No. 4477123 of Rs. 10,000/ -. The O.P. No. 2 received the aforesaid bank drafts on 7.6.2009 and it was clearly mentioned in paragraph -6(d) that Smt. Anuradha has no further claim whatsoever against the applicant and his family members. The applicant and his wife Smt. Anuradha have decided to live separately. It has been clearly mentioned in paragraph -6(g) of settlement agreement that in view of the above noted conditions of the settlement both the parties agreed that this compromise shall be treated as their consent for mutual divorce and all the criminal and civil cases filed by O.P. No. 2 shall be treated as withdrawn and divorce decree to be passed for all practical purposes. But before the date of settlement agreement i.e. 7.6.2009 I.O. submitted the chargesheet dated 27.3.2009, the same has been filed by the applicant in the present case in light of the settlement agreement dated 7.6.2009, considering the same the applicant and his wife Smt. Anuradha were directed to be present personally before this court on 25.3.2010, both the parties are present in the court and Smt. Anuradha is having no objection in quashing the proceedings of above mentioned case because she has already settled her dispute with the applicant on 7.6.2009 before Mediation and conciliation centre of this court in view of B.S. Joshi and another Versus State of Hariyana and another (2003) (4) S.C.C. 675. The proceedings pending against the applicant and other co -accused persons may be quashed so that the applicant and his wife Smt. Anuradha may live freely according to their own free will.;