- (1.) Applicant no. 1- Kulwant Singh is present in person in Court and he is identified by his counsel Rajesh Kumar Gupta. Opposite party no. 2 is also present in person and she is identified by her counsel Sri Harikesh Kumar Gupta. Both the parties submitted that there has been a compromise between them and this application be disposed of in terms of compromise. Counter affidavit filed on behalf of opposite party no. 2 is taken on record. Heard Sri Rajesh Kumar Gupta, learned counsel for the applicant, learned AGA for the State as well as Sri Harikesh Kumar Gupta, learned counsel for opposite party no. 2. This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet no. 175 of 2008 arising out of case crime no. 764 of 2008, under Sections 498A, 323, 504, 506 IPC and D.P. Act, P.S. Puranpur, District- Pilibhit, registered as criminal case no. 4544 of 2008 (State v. Kulwant Singh & others) pending in the Court of C.J.M. Pilibhit.
(2.) A matrimonial petition no. 151 of 2008 (Kulwant Singh v. Smt. Mandeep Kaur) between the applicant no. 1-Kulwant Singh and opposite party no. 2-Smt. Mandeep Kaur was pending in the Court of Civil Judge (Senior Division) Pilibhit. An application for transfer under Section 24 C.P.C. being transfer application no. 71 of 2010 was filed by opposite party no. 2 against applicant no. 1 wherein, by order dated 11th February, 2010, the matter was referred to Mediation Centre of this Court.
(3.) During mediation proceedings, parties came to terms and settlement agreement was executed on 9.9.2010 (Annexure No. 5). Para 6 of the settlement agreement provides as under :- " The following settlement has been arrived at between the parties hereto :- a. That Smt. Mandeep Kaur Sanggha (Applicant-wife) and Sri Kulwant Singh (Opposite party- husband) were married on 21.9.2007. Due to strained relationship between husband and wife, they were living separately since 20.4.2008. They are issueless. b. The strained relationship between husband and wife gave rise to several cases (a) Case No. 4544 of 2008, State v. Kulwant and others, for the ofence under section 498A, 323, 504, 506 IPC and D.P. Act, pending in the Court of Chief Judicial Magistrate,, Pilibhit and (b) matrimonial petition no. 151 of 2008 Kulwant Singh v. Mandeep Kaur under section 9 of Hindu marriage Act, pending in the Court of Civil Judge, (SD), Pilibhit. c. That both the parties have decided to separtely/take mutual divorce on the condition of a permanent alimony amount of Rs. Two lacs sixty five thousand only being paid to Smt. Mandeep Kaur by Kulwant Singh. d. That Sri Kulwant Singh has already paid Rs. 2.65 lacs on 26.8.2010 to Smt. Mandeep Kaur before this mediation centre through demand draft no. 866620 dated 20.8.2010 issued by State Bank of India, Gola Gokaran Nath branch, district Lakhimpur Kheri. The same has been received by Smt. Mandeep Kaur. After receiving the aforesaid amount, Smt. Mandeep Kaur will not be entitled to claim any kind of maintenance etc. from Sri Kulwant Singh, in future. e. That in view of above noted agreement between the parties, both the parties agree that all civil and criminal case filed by them against each other including above noted cases, shall be treated to be withdrawn for all practical purposes from today itself. They have agreed that they will file proper application, if necessary, before the appropriate court for the same." In para 10 of the counter affidavit, opposite party no. 2 stated as under :- "That it is relevant to state here that a compromise has been made between applicants and opposite party no. 2 on 9.9.2010 before Allahabad High Court Mediation and Conciliation Centre through settlement agreement on which the parties concerned has also made there signature which has already been annexed as Annexure No. 5 to the present criminal misc. application hence it is such expedient in the interest of the justice that this Hon'ble Court graciously be pleased to pass the order which this Hon'ble court graciously may deed fit and proper under the facts and circumstances of the application otherwise the parties concerned shall suffer great irreparable loss and injury.";