The Court quashed criminal proceedings on joint application and passed order allowing settlement. It further directed the mediation centre to refund Rs. 17,000 to the applicant due to the non-appearance of the opposite party's daughter.
Criminal proceedings quashed; direction issued to mediation centre to refund Rs. 17,000 to the applicant within two months.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 2205 of 2018
Applicant :- Pankaj Tyagi Opposite Party :- State Of U.P. Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Joint affidavit filed today on behalf of the parties as well as vakalatnama filed by Sri Shekhar Goyal, Advocate on behalf of opposite party no.2 are taken on record.
Heard Sri Abhishek Gupta, learned counsel for the applicant, Sri Shekhar Goyal, learned counsel appearing on behalf of opposite party no.2 and learned AGA for the State.
Both the parties filed the joint affidavit in which it is mentioned that matter has been settled outside the Court and pursuant thereof, a divorce petition under Section 13-B of Hindu Marriage Act has been filed, in which it is specifically mentioned that parties entered into a compromise and are ready to withdraw the cases filed against each other. Relevant terms as mentioned in paragraph of the application, are quoted hereunder:
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izkIr dj ysxh ftl ij ;kph la[;k&01 dks dksbZ vkifRr ugha gksxhA
¼c½ ;g fd f}rh; izLrko ls iwoZ ;kph la[;k&02 }kjk tuin ckxir U;k;ky; esa ;ksftr Hkj.k iks"k.k ;kfpdk] vUrxZr /kkjk&125 lhvkj0ih0lh0] ifjokn vUrxZr /kkjk&12 ?kjsyw fgalk vf/kfu;e f}rh; izLrko ls iwoZ ;kph la[;k&02 ekuuh; tuin U;k;ky; ckxir ls okfil ysxh rFkk tuin ckxir U;k;ky; esa fopkjk/khu /kkjk&498 , vkbZ0 ih0 lh0] dks ekuuh; mPp U;k;ky; bykgkckn ls lekIr djkus ds fy, ;kph la[;k&01 o ;kph la[;k&02 bykgkckn tkdj lekIr djk ysaxsA
In view of the above, the proceedings of the aforesaid case are hereby quashed.
The present application is allowed.
It is lastly submitted by learned counsel for the applicant that that vide order dated 13.2.2019,. the matter was referred to the mediation centre subject to payment of Rs. 20,000/- and in pursuance of the said order, the applicant deposited the entire amount. In the order, it is mentioned that out of Rs. 20,000/-, Rs. 17,000/- should be paid to the wife, daughter of opposite party no.2.
Since, the opposite party no.2 or his daughter never appeared before the mediation centre and the mediation was failed due to non-appearance, therefore, the applicant is entitled for the refund of Rs. 17,000/-, which was ordered by the Court to be paid to the opposite party no.2.
Under these circumstances, direction is issued to the mediation centre to refund the amount of Rs. 17,000/- to the applicant within a period of two months from the date of production of certified copy of this order.
Order Date :- 12.7.2019 Noman
3 issues framed by the court
Whether the criminal proceedings under Section 482 CrPC can be quashed based on an outside settlement and filing of a divorce petition.
Whether the applicant is entitled to a refund of mediation fees due to the non-appearance of the opposite party.
Whether the mediation centre can be directed to refund the specific amount ordered for payment to the wife.
2 provisions across 2 enactments
Pankaj Tyagi
State Of U.P.
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
