UMESH PAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present C482 application, applicant seeks the indulgence of this Court for quashing the entire criminal proceedings arising out of Criminal Case No.726 of 2022, State vs. Umesh Pal, pursuant to the FIR No.147 of 2019, under Ss. 498-A, 323, 504 and 506 IPC, pending in the court of Judicial Magistrate, Kichha, District Udham Singh Nagar on the basis of compromise arrived at between the parties outside the court.

(2.) Today, both the applicant-husband and respondent no.2-wife are present before this Court, duly identified by their respective Advocates.

(3.) Along with C482 application, a compounding application (IA No.2/2024) has been filed by the parties, duly supported by their respective affidavits. In the compounding application, it has been stated that the parties have entered into settlement before the Mediator, Family Court in a proceeding under Sec. 125 Cr.P.C. which is registered as Misc. Case No.13 of 2021, Meena vs. Umesh Pal and the said proceeding has come to an end on a condition of payment of Rs.2,00,000.00 as permanent alimony to the wife-respondent no.2 by the husband-applicant. Out of the aforesaid amount Rs.1,00,000.00 has already been paid by the husband-applicant to the respondent no.2-wife in a petition filed under Sec. 13B of the Hindu Marriage Act, before the Family Court, Rudrapur being O.S. No.173 of 2024, Smt. Meena vs. Umesh Pal. Rest of the amount of Rs.1,00,000.00 is to be paid by the applicant-husband at the time of second motion on the date fixed in the Family Court i.e. 6/1/2025. Applicant-husband shall also pay Rs.2,000.00per month to the single child born out of the wedlock.