JUDGEMENT
Dinesh Kumar Singh, J. -
(1.) The present writ petition has been filed by the petitioner, Vivek Vanswar and five others who are his relatives. Petitioner no.1 is the husband of respondent no.3. This petition seeks quashing of the First Information Report dated 12.05.2017 lodged by respondent no.4 at Case Crime No.167 of 2017, under Sections 323, 504, 506, 498A I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Vikas Nagar, District Lucknow.
(2.) The marriage between petitioner no.1 and respondent no.3 was solemnised on 11.02.2016 in accordance with Hindu rites, customs and rituals at Gurunanak Lawn Jankipuram Garden, Kursi Road near St. Merry Polyclinic, Lucknow. It appears that the marriage has not been a successful one and the family discord and bickering started soon after the marriage and as a consequence thereof respondent no.3 lodged the impugned First Information Report against the petitioners.
(3.) This court vide order dated 23.10.2017, on the joint request of the parties referred the matter to the Mediation and Conciliation Centre of this Court. The parties have settled their dispute in the Mediation and Conciliation Centre and a 'Settlement Agreement' dated 22.12.2017 has also been signed by petitioner no.1 and respondent no.3 with their respective counsels and two mediators. The main terms of the settlement arrived at between the parties are extracted hereinbelow:-
"6. That both the parties have mutually agreed that the Husband Mr. Vivek Vanswar shall pay a sum of Rs. 12,00,000.00(Rupees Twelve Lacs Only) in total in two installments to the wife Ms. Meenakshi Verma as future maintenance and permanent alimony. After which the wife Ms. Meenakshi Verma shall not claim any maintenance or alimoney from the husband in future.
The first installment of the DD deposited in the Mediation Centre by the Vivek Vanswar (Husband) will be handed over to Ms Meenakshi Verma (Wife) after signing this Settlement/ Agreement. In pursuance whereof the detail of the Demand Draft deposited as the first installment of the sum of Rs. 6,00,000.00 (Rupees Six Lacs only) through two Demand Drafts is as under:-
i) D.D. No.002372 Dt. 12.12.2017 amount Rs.400000.00 issued by HDFC Bank, Mahmoodabad, Sitapur
ii) D.D. No.018189 Dt. 11.12.2017 amount Rs.200000.00 issued by Punjab National Bank, Mahmoodabad, Sitapur
And the next installement of Rs.6,00,000.00 (Rupees Six Lacs only) shall be handed over to her after obtaining the decree of divorce from the Family Court on 14th of July,2018. In the mean time Mr. Vivek Vanswar will submit the DD of the rest of the amount by 2nd or 3rd July, 2018 (i.e. 15 days before obtaining the Final decree of divorce).
7. That the said Bank Drafts are in the name of "Meenakshi Verma" and shall be handed over to the her after she submits the certified copy of the petition filed u/s 13-B Hindu Marriage Act of Family Court, Lucknow.
8. That the parties have declared that neither any civil or criminal case is filed/pending against each other nor shall initiate any civil or criminal proceeding against the each other or to the parents or the relative of either parties.
9. That both the parties have further agreed not to interfere in each others life after signing this Settlement/Agreement and will live their life as an individual.
10. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to Writ Petition No.22241 of 2017 [(M/B) Criminal] and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Mediation/conciliation.";
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