- (1.) Heard Sri S.K. Dubey, learned Counsel for the applicants, learned A.G.A. for the State and Sri Pramod Kumar Pandey, learned Counsel for opposite parties No. 2.
(2.) This application under Section 482 Code of Criminal Procedure has been filed with a prayer to quash the entire proceedings of criminal case No. 371 of 2009 arising out of case crime No. 2368 of 2008 under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Kotwali - Ghazipur, District Ghazipur pending in the Court of Chief Judicial Magistrate, Ghazipur. In pursuance of order dated 12.5.2009, the matter was referred to Mediation & Conciliation Centre of this Court. Parties appeared before the Mediation Centre, came to terms and applicant No. 4 Gangesh Kumar Shukla and his wife Poonam Chaturvedi, daughter of opposite party No. 2 Ramdhari Chaubey executed final settlement agreement on 15.12.2009.
(3.) Clause 6 of the Settlement Agreement provides as under: 6. The following settlement has been arrived at between the Parties hereto: a. As per the interim settlement dated 10.11.2009 the Applicant No. 2 who is the father of the Applicant No. 4 has presented a draft worth Rs. 5,00,000/-(Rs. Five Lacs Only) which has been drawn in favour of Poonam Chaturvedi, D.D. No. 242556 dated 12.12.2009 of SBI, Ghazipur Branch, the aforesaid draft shall remain with the Mediation Centre till all the disputes pending between both the parties are withdrawn and a decree of mutual divorce has been obtained. b. That the parties undertake that they will not litigate or harass each other in any manner in future. c. That both the husband and wife will obtain the decree of divorce through mutual consent from the appropriate court concerned i.e. Civil Judge, Senior Division, Farukhabad where Case No. 107 of 2008 regarding Restitution of Conjugal Rights under Section 9 of Hindu Marriage Act is pending. d. That both the parties shall also withdraw all the cases pending between them in different courts. e. That the child Prakhar, born out of the wedlock between Gangesh Kumar Shukla and Poonam Chaturvedi will be taken care of by Poonam Chaturvedi in future as such the child shall remain in her custody and she will be his guardian. It will be her responsibility to maintain the child Prakhar in future for which shall will not demand any extra money other than the aforesaid Rs. Five Lacs and in return the Applicants (Husband's side) shall never claim the custody of the child in future. f. That Smt. Poonam Chaturvedi also undertakes that she as well as her child Prakhar shall not claim inheritance in the property of Applicants in the Crl. Misc. App. No. 10455 of 2009 whether moveable or immoveable in future. g. That the wife Poonam Chaturvedi will be entitled to withdraw above aforesaid Draft of Rs. Five Lacs from the Mediation Centre only after all the pending cases between the parties in different courts are withdrawn and a decree of mutual divorce is obtained, through the direction of the Court. h. That in case the validity of the demand draft expires in between, it will be incumbent upon the applicants to revalidate the same and only Smt. Poonam Chaturvedi and none else shall be able to withdraw the aforesaid draft from the Mediation Centre.;