It is argued by the learned counsel for the applicant that the present FIR registered as Case Crime No.05/ 2011 under Sections 498A, 323, 506 IPC and 3/4 D.P. Act was lodged against the applicant on 06.06.2011. Charge-sheet was submitted on 09.08.2011 and the cognizance was taken on 13.09.2011. When the applicant appeared before the Court in a writ petition there, his case was sent for Mediation Centre. The mediation was successful and the settlement agreement was entered into on 20.09.2011 between the parties, wherein the parties were directed to file the petition of divorce by mutual consent under Section 13B of the Hindu Marriage Act. The divorce suit was filed and the divorce by mutual consent was granted to the parties on 02.04.2012. In the report of the Mediation and Conciliation Centre, High Court, Allahabad, it has been clearly mentioned that after the divorce by mutual consent is obtained by the parties, the FIR registered as Case Crime No. 05/2011 (present FIR) can be quashed subject to the discretion of the Court, hence, the present Application under 482 Cr.P.C. is moved to quash the entire proceedings of Criminal Case No. 328 of 2020, State Vs. Abhishek Singh, arising out of Case Crime No. 05 of 2011, under Sections 498A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Mirzapur, pending in the court of Additional Chief Judaical Magistrate, 2nd, Mirzapur.
