Saurabh Sharma and Others vs State of U.P. and Another

Manoj Misra, J.—Heard learned counsel for the applicants and the learned A.G.A. for the State. By this application, the applicants have sought for quashing of the proceedings in Case No. 4495 of 2012 (State v. Saurabh Sharma and others), under Sections 323, 498A, 506 I.P.C. and section 3/4 Dowry Prohibition Act, Police Station-Quarsi, District Aligarh pending in the Court of Chief Judicial Magistrate, Aligarh.

By order dated 07.05.2013, this court referred the matter to the Mediation Centre as the matter arose out of a matrimonial dispute between the parties.

The Mediation Centre, High Court, Allahabad has submitted a report dated 11.09.2013 thereby enclosing a settlement agreement dated 11.09.2013. The settlement agreement is duly signed by opposite party No. 2 and the applicant No. 1. The relevant clause 6 of the agreement is reproduced herein below:--

The following settlement has been arrived at between the parties hereto:

a. That Sri. Saurabh Sharma (husband) and Smt. Kamini Sharma (wife) have entered into settlement in the court below vide settlement dated 17.08.2013. A copy of which is annexed along with this memorandum.

b. That the wife shall have no objection if this Crl. Misc. Application No. 15619 of 2013, is allowed by this Hon''ble High Court.

c. That, thereafter, they shall not have any claim against each other and entitled to live a life of their choice.

The settlement agreement dated 17.08.2013 arrived at between the parties before the Mediation Centre, Aligarh has also been enclosed and a certified copy thereof has been annexed with the settlement agreement dated 11.09.2013.

In the case of B.S. Joshi and Others Vs. State of Haryana and Another, , the Apex Court has held that in matters arising out of matrimonial dispute, the Court can quash the proceedings on the basis of a compromise between the parties. Such a view of the Apex Court has subsequently been upheld by three Judges decision of the Apex Court in the case of Gian Singh Vs. State of Punjab and Another, .

In view of the above, further proceedings of Case No. 4495 of 2012 would amount to abuse of the process of the Court and it is necessary to secure the ends of justice that the same be quashed. The application is allowed. The proceedings of Case No. 4495 of 2012 (State v. Saurabh Sharma and others), under Sections 323, 498A, 506 I.P.C. and section 3/4 Dowry Prohibition Act, Police Station-Quarsi, District Aligarh pending in the Court of Chief Judicial Magistrate, Aligarh, are hereby quashed.