Allowed

Javed v. State of U.P. and Another

Allahabad HC7 Aug 2019A482/41603/2018

Case brief

AI extract

What is this about?

The court allowed this Section 482 Cr.P.C. application to quash criminal proceedings under Sections 376, 506 IPC and 4 POSCO Act. The quashing follows a successful mediation settlement where the applicant paid permanent alimony and the parties mutually agreed to quash pending cases.

What did the court decide?

Proceedings of Session Trial No. 66 of 2015 under Sections 376, 506 IPC and 4 POSCO Act, arising out of Case Crime No. 268 of 2015, are hereby quashed.

Javed Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 41603 of 2018

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Applicant :- Javed Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Rai,Sanjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Amit Rai, learned counsel for the applicant and learned A.G.A. for the State.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Session Trial No. 66 of 2015, arising out of Case Crime No. 268 of 2015 (State Vs. Javed), under Sections 376, 506 I.P.C. & 4 POSCO Act, Police Station Kotwali City, District Bijnor, pending in the Court of learned Additional District Judge, 1st, Bijnor.

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This Court vide order dated 17.12.2018 referred the matter to the mediation Centre and the settlement has been arrived between the parties on 20.02.2019. The settlement agreement has been arrived at between the parties on the following terms:

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(a) That the marriage of Sri Javed (Applicant-husband) and Smt. Anjum (Opposite Party No. 2- wife) was solemnized on 16.03.2015 as per Muslim law. Out of aforesaid wedlock the parties have a daughter namely Alina at present aged about 3 years. After living together for a period of only about 2 months, the relations between the husband and wife became strained and they started living separately.

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(b) That as per Interim Settlement, Sri Javed (Applicanthusband) and Smt. Anjum (O.P. No. 2 - Wife) have decided to take mutual divorce (Talaq) on the condition of a permanent alimony of Rs. 2,80,000/- (rupees two lakh eighty thousand only), which consists of amount of Mehar and Iddat Period, which shall be given by the husband to the wife.

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(c) That today i.e. 20.02.2019, the husband has produced a Demand Draft of Rs. 2.80 Lakhs (Rs two lakh eighty thousand only) bearing No. 569626 dated 12.02.2019 issued by Union Bank of India drawn in favour of wife, has been handed over to the wife today and she has acknowledged the receipt of the same.

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(d) That parties have produced Talaqnama prepared on Rs. 50

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stamp paper which is annexed to this Settlement Agreeement.

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(e) That it has been agreed between the parties that the all Criminal and civil cases filed by them against each other shall be withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within 15 days from this Settlement Agreement.

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(f) That following cases shall be withdrawn from the competent court which are pending in Bijnor-

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(1) Court ADJ 1st Bijnor (ST No. 66/2015) State Vs Javed u/s 376, 506 in POSCO Act.

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(2) Family Court Bijnor (Anjum Vs Javed) u/s 125 Cr.P.C.

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(3) Court ACJ (Senior Division) 1st Bijnor (State Vs Javed) u/s 498-A, 323, 504, 506

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(g) That hereafter parties have no further claim against each other of any nature.

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(h) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement, otherwise the aggrieved party will be free to take legal recourse.

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In view of the above, the present proceeding of Session Trial No. 66 of 2015, arising out of Case Crime No. 268 of 2015 (State Vs. Javed), under Sections 376, 506 I.P.C. & 4 POSCO Act, Police Station Kotwali City, District Bijnor, pending in the Court of learned Additional District Judge, 1st, Bijnor, are hereby quashed.

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The application stands allowed.

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Order Date :- 7.8.2019 Shivangi

Javed v. State of U.P. and Another

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Javed v. State of U.P. and Another

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