Irshad Ali, J. - (1.) Heard Sri Rajesh Kumar Singh, learned counsel for the applicant.
(2.) The present application under section 482 Cr.P.C has been filed to quash the order dated 23.10.2013 passed by the Second Additional Civil Judge (J.D.)/ Judicial Magistrate, Banda in Case No. 74/IX/2013 (Sushila Vs. Lal Babu and others) as well as order dated 28.03.2016 passed by Sri Arun Kumar (Mall), Learned Additional District Judge, Court No. 4, Banda in Crl. Appeal No. 82/2013 (Lal Babu Vs. Sushila Devi) whereby maintenance against the applicant at the rate of Rs. 2500/- per month has been awarded.
(3.) While entertaining the application, this Court passed an order on 23.08.2016 whereby the matter was remitted to the Mediation Centre on certain conditions. Both the parties appeared before the Mediation Centre and entered into an agreement on certain conditions on 05.03.2017. Copy of the same is on record and the relevant portion of the agreement entered into on 05.03.2017 is being quote below: "a. That the marriage of Sri Lal Babu (applicant-husband) and Smt. Sushila (opposite party no.2-wife) was solemnized on 24.02.2011. No issue was born out of aforesaid wedlock. The parties are living separately after some time of the marriage.? b. That Sri Lal Babu (applicant-husband) and Smt. Sushila (opposite party no.2-wife) have decided to take mutual divorce on the condition that the husband shall pay a permanent alimony including Stridhan of Rs. 1,25,000/- (rupees one lac twenty five thousand only) to the wife by way of demand draft drawn in favour of Susheela, in two instalments of Rs. 65,000/- and Rs. 60,000/- each. It is made clear that in the last line of the paragraph 6 (b) of the interim settlement dated 19.02.2017, the first instalment of the agreed alimony has wrongly been mentioned as Rs. 65,00,000/-, which will be read as Rs. 65,000/- c. That on 19.02.2017, the husband has produced a demand draft bearing no. 129409 dated 27.01.2017 for Rs. 65,000/- (sixty five thousand only) drawn on Allahabad Bank as the first instalment which was retained at the Mediation Centre and has been handed over to the wife Smt. Sushila today i.e. 05.03.2017, and she has acknowledged the receipt of the same. d. That the parties have filed a mutual divorce petition no. 40/2017 u/s. 13 B of the Hindu Marriage Act, before the Family Court, Banda on 03.03.2017, in which next date fixed is 07.09.2017. The certified copy of the divorce petition is being annexed to this settlement agreement. e. That it has been agreed between the parties that the rest amount i.e. Rs. 60,000/- (sixty thousand only) of the total agreed alimony shall be paid by the husband to the wife at the time of recording the statement in aforesaid divorce petition before the Family Court, Banda. f. That it has also been agreed between the parties that all the cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court concerned. g. That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement agreement, otherwise the aggrieved party will be free to take legal recourse.";