ABDUL GAFFAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sharique Ahmed, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State-respondent.

(2.) The present 482 Cr.P.C. application has been for quashing the proceedings of Case No.184 of 2014 (Arafat Begum Vs. Abdul Gaffar), pending in the Court of M.M. 4th, Kanpur Nagar, under Section 12 of the Protection of Women From Domestic Violence Act, 2005, Police Station Beconganj, District Kanpur Nagar as well as the order dated 23/24.9.2018 passed in Misc. Case No.1741/2015 passed by M.M. 4th, Kanpur Nagar arising out of the proceedings of Case No.184/2014, under Section 31 of Protection of Women From Domestic Violence Act, 2005.

(3.) The brief facts of the case giving rise to the filing of the present case are that the marriage of the applicant was solemnized with opposite party no.2 on 6.10.1992 in accordance with the Muslim Rites & Rituals and dowry was never demanded at the time of marriage. The opposite party no.2 moved an application application under Section 12 of Domestic Violence Act on 21.1.2014, before M.M. 7th Kanpur Nagar against the applicant and his family members alleging therein all sort of incorrect statement of facts, on which notices were issued to the applicant and after getting the knowledge, the applicant has approached this Court by filing Application U/s 482 Cr.P.C. No.14652 of 2014 in which vide order dated 30.4.2014 the matter was referred to the Mediation and Conciliation Centre of this Court. It is further submitted that due to some unavoidable circumstances the applicant could not comply with the aforesaid order dated 30.4.2014. Thereafter, learned Magistrate vide order dated 18.4.2015 had ex parte granted the maintenance to the opposite party no.2. Thereafter, the opposite party no.2 moved an application under Section 31 of the Domestic Violence Act before the concerned Court below, a copy of said application No.1741 of 2015 has been annexed as annexure-3 to the affidavit accompanying this 482 Cr.P.C. application. It is further submitted that during the pendency of proceedings under Section 31 of the Domestic Violence Act good sense prevailed between the parties and after pursuation by the relative and close family friend they entered into compromise and it is agreed between the parties that the applicant will give Rs.50,000/- as a full and final alimony to the opposite party no.2 and opposite party no.2 will withdraw the case filed by her. Pursuant to said compromise the applicant has transferred Rs.50,000/- on different dates in account of the opposite party no.2, receipt thereof has been annexed as annexure-4 to the affidavit accompanying this 482 Cr.P.C. application. It is further submitted that as per agreement between the parties, opposite party no.2 has moved an application for withdrawal of impugned proceedings before the M.M. 4th Kanpur Nagar, specifically mentioning therein that in the year 1996 divorce has taken place between the applicant and the opposite party no.2 by mutual consent and since then she is living separately having no concern with the affairs of the applicant and she does not want to continue with the aforesaid proceedings, a copy of said application has been annexed as annexure-5 and 6 to this 482 Cr.P.C. application. On application so moved by the opposite party the learned Family Court concern vide order dated 12.11.2016 has dismissed proceedings as withdrawn, so initiated by the opposite party no.2 under Section 125 Cr.P.C., a copy of said order has been annexed as annexure-7 to this 482 Cr.P.C. application.