UMESH KUMAR,J. - (1.) This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No. 133 of 2017 ( State Vs. Sameer Chandra and others) pending in the Court of Additional Chief Judicial Magistrate, Court No.8 Ghaziabad arising out of Case Crime No. 332 of 2016 under Sections 498A , 323 IPC and 3/4 D.P.Act, police Station Mahila Thana district, Ghaziabad, on the ground that matrimonial disputes in between the parties have been settled amicably.
(2.) Heard learned Counsel for the applicant, learned Counsel for the opposite party no.2, learned AGA and perused the materials available on record
(3.) Submission of learned Counsel for the applicant is that on account of some differences, the parties were living separately since 23.06.2016 and now there is no possibility of living them together and the parties have now amicably resolved all the disputes pertaining to their marriage including 'Stridhan', permanent alimony, dowry articles and maintenance. In this respect, an agreement between the parties has been signed on 19.08.2019 before the Mediation Centre, Ghaziabad, U.P. and subsequently readjusted on 17.09.2019 and pursuant thereof, the opposite party no.2 who has filed an affidavit before the Court on 8.02.2020 which is available on record. A perusal of para-5,6 and 9 of the affidavit, it appears that every thing is settled between the parties. Argument of learned Counsel for the applicant is that order dated 21.01.2020 passed in Divorce petition and order dated 17.09.2019 passed in the proceeding under Section 125 Cr.P.C. are available on record. The opposite party no.2 in para-9 of her affidavit filed before this Court has averred that since the matrimonial dispute has been settled on account of mediation agreement, hence she has no objection if the proceedings of Case No. 133 of 2017 referred above pending in the Court of Additional Chief Judicial Magistrate Court No. 8, Ghaziabad is quashed subject to the realization of the post dated cheque as per the settlement agreement.;