RAJESH KUMAR YADAV Vs. STATE OF UP

JUDGEMENT

(1.) THIS application has been filed by the applicant Rajesh Kumar Yadav (Dr.) with a prayer to quash the proceedings of case No. 768 of 2009 arising out of chargesheet dated 27.3.2009 submitted in case crime No. 70 of 2007 under sections 498 -A, 323, 504, 506 IPC and section ¾ D.P. Act, P.S. Mahila Thana, District Allahabad, pending in the court of learned Judicial Magistrate -I, Allahabad.

(2.) HEARD Sri Alok Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Brijraj appearing on behalf of O.P. No. 2 Raj Bahadur Yadav.

(3.) IN terms of the agreement the applicant paid the amount of Rs. 4 lacs to Smt. Anuradha, the daughter of O.P. No. 2 as full and final payment towards maintenance and permanent alimony by Bank Draft No. 392730 dated 29.5.2009 of Rs. 2,40,000/ - Bank Draft No. 534474 of Rs. 1,50,000/ - and Bank Draft No. 4477123 of Rs. 10,000/ -. The O.P. No. 2 received the aforesaid bank drafts on 7.6.2009 and it was clearly mentioned in paragraph -6(d) that Smt. Anuradha has no further claim whatsoever against the applicant and his family members. The applicant and his wife Smt. Anuradha have decided to live separately. It has been clearly mentioned in paragraph -6(g) of settlement agreement that in view of the above noted conditions of the settlement both the parties agreed that this compromise shall be treated as their consent for mutual divorce and all the criminal and civil cases filed by O.P. No. 2 shall be treated as withdrawn and divorce decree to be passed for all practical purposes. But before the date of settlement agreement i.e. 7.6.2009 I.O. submitted the chargesheet dated 27.3.2009, the same has been filed by the applicant in the present case in light of the settlement agreement dated 7.6.2009, considering the same the applicant and his wife Smt. Anuradha were directed to be present personally before this court on 25.3.2010, both the parties are present in the court and Smt. Anuradha is having no objection in quashing the proceedings of above mentioned case because she has already settled her dispute with the applicant on 7.6.2009 before Mediation and conciliation centre of this court in view of B.S. Joshi and another Versus State of Hariyana and another (2003) (4) S.C.C. 675. The proceedings pending against the applicant and other co -accused persons may be quashed so that the applicant and his wife Smt. Anuradha may live freely according to their own free will.