VINOD PRASAD,J - (1.) HEARD learned Counsel for the applicant, learned A.G.A. as well as learned Counsel for the respondent.
(2.) HUSBAND Avi Gupta and wife Priyanka Gupta along with her child are present before this Court. There is a joint affidavit filed by both the parties. They have settled the dispute out side the Court. According to stipulation and term of the compromise, the wife is entitled for Rs. 20 lacs from the husband for settling all the disputes between the parties. In pursuance of the said compromise, husband has brought three drafts in the name of the wife Priy-anka Agrawal @ Priyanka Gupta. Two drafts are of Rs. 9 lacs each whereas one draft of Rs. 2 lacs. The number of drafts are 082784, 082785 and 082786. All the drafts belongs to State Bank of Bikaner and Jaipur. All the drafts are dated 12.12.2009. They have been issued from Ghaziabad Branch of the aforesaid banks. All the darts have been handed over to the wife by the Court and she is directed to make an endorsement regarding receipt of the said draft on the order sheet of this case. Since, the conciliation and reunion are not possible and both husband and wife agree to live separately, no useful purpose will be served to allow them to litigate in a Court of law which will only amount to harassment of both the parties specially the wife. In such a view. This application is allowed and prosecution of case No. 20568 of 2008 (State v. Avi Gupta), under sections 498-A, 323 IPC and 3/4 D.P. Act pending before C.J.M., Ghaziabad is hereby quashed.
(3.) IN the joint affidavit filed today, the other two cases pending between the parties referred to are case No. 1368/09, under section 125 Cr.P.C. (Priyanka Gupta v. Avi Gupta) pending before J.M., Ghaziabad and case No. 1480, under section 12/19 Domestic Violence Act (Priyanka Gupta v. Anvi Gupta pending before Special Judicial Magistrate/CBI, Ghaziabad. In respect of above two cases under section 125 Cr.P.C. and section 12/19 Domestic Violence Act, I direct the concerned Magistrate to drop the proceedings forthwith and closed the case.;