- (1.) The above two connected 482 Cr.P.C. Applications have been filed before this Court in between very close relatives. In the former 482 Cr.P.C. Application No. 28884 of 2010 (Mohd. Ashraf Ali and others Vs. State of U.P and another), husband and his parental relatives have challenged the prosecution launched by father Mohd. Zahoor Ahmad under Sections 498A, 323, 504, 506, 494 IPC and 3/4 Dowry Prohibition Act. In the later 482 Cr.P.C. Application No. 21745 of 2011 (Mohd. Ashraf Iraqi and others Vs. State of U.P. and another) challenge is to the prosecution launched by wife under Domestic Violence Act against her husband and his parental relatives.
(2.) The dispute between spouses was referred for Mediation but no settlement could be arrived at during the Medication proceedings. Thereafter, 482 Cr.P.C. Application was listed in the cause list. It was at this stage that counsel representing both the sides made statements in open Court that after closer of mediation proceedings, both the parties have now come to terms, wife and her father have decided to withdraw their prosecution if the husband and his parental relatives pay an amount of Rs. 3 lacs. On such a statement being made, husband Mohd. Ashraf Ali @ Iraqi was directed to bring a bank draft in the name of the wife from a Nationalized Bank.
(3.) Today, husband has brought a draft from Union Bank, Chakia payable at Union Bank S.B. Ghazipur having draft No. 147601 dated 2.12.2011 of an amount of Rs. 3 lacs in the name of wife Mariyam Begum in Court. She was asked repeatedly by the Court, on which she made categorical statement in the presence of her counsel Sri O.P. Shukla that she does not want to litigate. She also made the said statement in respect of case under Section 498A, 323, 504, 506, 494 I.P.C. and 3/4 Dowry Prohibition Act. It is a dispute between the husband and wife which is in the nature of family feud. Wife and her father does not want litigate and they had already received Rs. 3 lacs in accordance with terms of compromise agreed in between them.;