MUNISH JAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 / 483 Cr.P.C., has been filed by applicant with a prayer for setting aside the order dated 01.08.2009, passed in Criminal Case No. 987 of 2009, State Vs. Manish Jain, under Sections 498-A, 323, 504, 506, 408 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Hathras Gata, District Mahamayanagar.

(2.) Learned counsel for applicant argued that there had been a mediation in between, wherein Delhi High Court passed following order:-

(3.) Despite this order, opposite party no. 2 has not filed joint affidavit before trial court. Applicant has given an accommodation for residence, in view of above mediation agreement, wherein she is residing. Huge amount of money has also been given to opposite party no. 2. But, in disregard of above settlement, entered in between, opposite party no. 2 is making hindrance in disposal of this case, whereas in a proceeding, in between, High Court of Delhi, has passed order on 06.09.2012 that respondent was present in Court and submitted that she is ready and willing to withdraw all pending cases in respect of F.I.R. lodged against petitioner under Section 498-A I.P.C. etc. She had submitted that mediation had been drafted and had been provided to the petitioner. The petitioner submitted that he had filed his own application before Allahabad High Court under Section 482 Cr.P.C. being Criminal Misc. Application No. 5330 of 2012. Meaning thereby, there had been mediation. Terms were agreed. It was there that this criminal proceeding shall be withdrawn. Opposite party no. 2 had made settlement before Delhi High Court in CONT. CAS(C) 789/2011 and CM APPL. 19484 of 2011 and CM APPL. 19793/12; Shikha Jain through Mr. A.K. Tripathi, Advocate Versus Munish Jain through Mr. Sunil Satyarthi, Advocate, but the recital entered in between is being retracted by opposite party no. 2, which she can never retract. This Court had ordered for disposal of this case, after disposal of Transfer Application, moved before apex court. The apex court vide order dated 21st February, 2017, passed in Transfer Petition (Criminal) No. 45 of 2016; Shikha Jain Vs. Munish Jain and another, has dismissed the transfer application with an option to the petitioner to approach this High Court for expeditious hearing of matter. Hence, now nothing remained for adjudication, but to quash the proceeding in view of agreement entered in mediation, in this matrimonial dispute, in view of law laid down in Gian Singh v. State of Punjab, 2012 10 SCC 303.