- (1.) HEARD learned counsel for the applicants and the learned A.G.A. for the State.
(2.) BY this application, the applicants have sought for quashing of the proceedings in Complaint Case No. 1343 of 2011 (Seema V. Satya Prakash and others), under Sections 323, 498A, 504,506 I.P.C. and section 3/4 Dowry Prohibition Act, Police Station -Kerakat, District Jaunpur pending in the Court of Judicial Magistrate -II, Jaunpur.
(3.) AS the matter arose out of a matrimonial dispute between husband and wife, the same was referred to the Mediation Centre of this Court, by order dated 24.09.2012. The Mediation Centre issued notice to the opposite party No.2 (the wife of the applicant No.1) and three mediation sessions were held in which the parties entered into a compromise in the presence of their respective counsel. The compromise agreement dated 06.12.2012 duly signed by the parties have been sent to this Court by the Mediation Centre along with its report dated 06.12.2012. The clause 6 of the agreement arrived at between the parties reads as follows: - "a. That Sri Satya Prakash (Applicant No.1 -husband) and Smt. Seema (O.P. No.2 -wife) were married on 06.06.2010. Soon after the marriage, the relations between husband and wife became strained and hence, they have been living separately since September, 2010. they are issueless. b. That now both the parties have decided to separate/take mutual divorce on the condition of a permanent alimony of Rs. 1,02,000/ - (Rs. One lac two thousand only) being paid through the bank draft in the name of Smt. Seema Devi by the husband. This is the full and final payment for O.P. No.2 -wife from the side of her husband and his family members. After this payment she will not entitled to claim any maintenance etc. regarding this matrimonial dispute. c. That the applicant/husband has brought a demand draft of Rs. 1,02,000/ - (Rs. One lac two thousand only) bearing no. 138889 dated 04.12.2012 in favour of Seema Devi. The said demand draft has handed over to Smt. Seema Devi (O.P. No.2 -wife) and she received the same before the Mediation Centre and counsels of the both parties. d. That it is agreed between the parties that they shall file a joint divorce petition of 13 -B of Hindu Marriage Act, before the court concerned, within fifteen days from today. e. That it is made clear that wife had handed over two ornaments i.e. Mangal Sutra and Payal to Sri Satya Prakash (Applicant no.1 -husband) before Mediation Centre which was given at the time of marriage by Sri Satya Prakash (Applicant no.1 -husband) to O.P. No.2 and he has accepted the same. f. That husband has also handed over High School mark sheet and certificate, Intermediate mark sheet and certificate along with character certificate of Seema Devi to O.P. No.2 and she has acknowledge the same. g. That in view of above noted agreement between the parties, both the parties agree that all civil and criminal cases filed by them against each other including Complaint Case No. 1343/2011 u/s 323, 498, 504, 506 I.P.C. and 3/4 D.P. Act P.S. Kerakat, District -Jaunpur, shall be treated to be withdrawn from today itself for all practical purposes. h. That it is also agreed between the parties that they shall move application for withdrawal of the cases filed by them against each other in the court concerned. i. That in case if the present settlement requires any clarification or modification, the parties shall approach this centre by filing an application for resolving that dispute with regard to present matrimony before approaching authority or court of law.";