Bench disposed of a Section 482 application referencing a prior order where criminal proceedings arising from a matrimonial dispute were quashed upon settlement via the Mediation and Conciliation Centre.
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Court No. - 28
Case :- APPLICATION U/S 482 No. - 2848 of 2013
Applicant :- Mohd. Shakeel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Angrej Nath Shukla Counsel for Opposite Party :- Govt. Advocate
Hon'ble Shree Prakash Singh,J.
Learned counsel for the applicant has placed a computerized copy of the order dated 16.01.2014 and the same is taken on record and that shall be part of the record.
At the every outset, learned counsel appearing for the applicants submits that the controversy has already been settled between the parties before the Mediation and Conciliation Centre and taking note of the report of Mediation and Conciliation Centre, the coordinate bench of this Court has passed the order on 16.01.2014 and the criminal proceedings arising out of Case Crime No. 164 of 2006 was quashed.
Learned counsel for the applicant further submits that the present matter is also one of the outcome of matrimonial dispute in between the applicant and opposite party no. 2 and this has also been settled as per the settlement agreement and now there is nothing to be adjudicated further. Thus, submission is that the instant application has also become infructuous and the same may also be decided in terms of the order dated 16.01.2014 passed in application under section 482 no. 1544 of 2013.
Learned counsel appearing for the State has no objection to the submissions aforesaid.
Considering the submissions of learned counsels for the parties, it transpires that the parties i.e. the applicant and opposite party no. 2 have already settled their dispute before the Mediation and Conciliation Centre as has been mentioned in paragraph four of the order dated 16.01.2014 in application under section 482 no. 1544 of 2013.
The prayer of the counsel for the applicant is that the instant application may be decided interms of the order dated 16.01.2014.
Considering the submissions of learned counsels for the parties, it emerges that due to matrimonial dispute, several set of
litigation were instituted by the opposite party no.2 including Case Crime No. 164 of 2006 under sections 498A, 506 of IPC and 3/4 of D.P.Act. The aforesaid proceeding was assailed before this Court vide application under section 498 bearing no. 1544 of 2013. In the aforesaid matter, the coordinate bench of this Court referred the matter to the Mediation and Conciliation Centre of this court and as a result the matter was settled and the parties agreed to withdraw al the criminal cases against each other. This Court has also passed order on 16.01.2014 and has quashed the criminal proceeding arising out of Case Crime No. 164 of 2006.
Resultantly, the instant application is also hereby disposed of in terms of the order dated 16.01.2014 passed in application under section 482 bearing no. 1544 of 2013.
Consigned to record.
Order Date :- 5.7.2023 Mayank
Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
Mohd. Shakeel
State of U.P.
Shree Prakash Singh
As recorded by the court registry
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