Anish Kumar Gupta, J.
1. Heard Sri Anoop Kumar Pandey, learned counsel for the applicants, Sri Guru Prasad, learned counsel for opposite party no.2 and Sri Vibhav Anand, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 27.05.2018 as well as the cognizance/summoning order dated 11.07.2018 and the entire proceedings of Criminal Case No. 6096 of 2018 (State Vs. Anurag Tripathi and others), arising out of Case Crime no. 066 of 2017, under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, district Allahabad, pending before the Additional Civil judge (Junior Division), Court No.21, Allahabad.
3. Since it was a matrimonial dispute between the parties and the matter was referred to the Mediation and Conciliation Centre of this Court vide order dated 11.02.2022. As per the mediation report dated 31.05.2022, the parties have arrived at the settlement before the mediation centre according to which the parties have agreed to settle all their matrimonial disputes in the following terms:
"1. Dispute and differences had arisen between the parties hereto Application U/S 482 No. 25546 of 2021 as filed before the Hon'ble High Court.
2. The matter was referred to mediation/conciliation vide order dated 11.02.2022 passed by bench of Hon'ble Rajendra Kumar-IV, J.
3. The parties agreed that Mr. S.C. Upadyay and Ms. Arti Raje, Advocates would act as their Conciliator/Mediator, inthe Mediation Cae No. 0979 / 2022.
4. Several joint and separate meetings were held during the process of Conciliation/Mediation on 10.05.202, 17.05.2022 and 31.05.2022 the parties have with the assistance of the Mediator/Conciliator voluntarily arrived at an amicable solution resolving the above-mentioned disputes and differences.
5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at the settlement agreement in the presence of the Mediator/Conciliator.
6. The marriage of Sri Anurag Tripathi (Applicant Noi.1-Husband) and Smt. Ankita Tripathi (O.P. No.2-Wife) was solemnized on 29.04.2017. Out of aforesaid wedlock, parties have no issue. The parties have been living separately since July, 2017.
7. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediators/Conciliators.
8. In view of the Interim Settlement Agreement dated 10.05.2022 and 17.05.2022, the following settlement has been arrived at between the parties hereto:-
(a) That both the parties states that the name of the wife is Aakriti Tripathi which has wrongly been mentioned as Ankita Tripathi in the memo parties of the present case. Further, the applicant-husband ensures that his wife is Aakriti Tripathi who is present before the Centre and taking part in the mediation proceedings.
(b) That the parties have mutually decided to take divorce and in this regard they have filed a divorce petition u/ s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Allahabad which is registered as Matrimonial Case No. 984 of 2022. The certified copy of aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court.
(c) That it has been agreed between the parties that the applicant-husband shall pay a permanent alimony including Stridhan of Rs. 9,00,000/- (Rupees Nine Lakh only) to the wife by way of demand draft.
(d) That on 17.05.2022 the applicant-husband has produced a demand draft bearing no. 000239 dated 11.05.2022 for Rs. 4,50,000/- (Rupees Four Lakh Fifty Thousand only) drawn on Axis Bank in favour of wife namely Aakriti Tripathi and the same has been handed over today i.e. 31.05.2022 to the wife and she has acknowledged the receipt of the same.
(e) That it has been agreed between the parties that the remaining amount i.e. Rs. 4,50,000/- (Rupees Four Lakh Fifty Thousand only) shall be paid by Sri Anurag Tripathi (Applicant No. 1-Husband) to Smt. Ankita Tripathi (O.P. No. 2-Wife) at the time of final judgment in Matrimonial Case No. 984 of 2022 pending in Family Court, Allahabad by way of demand draft.
(f) That it has also been agreed between the parties that all civil and criminal cases filed by them against each ( other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
(g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse.
9. By signing this Agreement the parties hereto state that the Application U/S 482 No. 25546 of 2021 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation."
4. Learned counsels for the applicants and opposite party no.2 jointly submit that the entire amount of Rs.9,00,000/- has already been paid to the opposite party no.2 by the applicant no.1 and no other amount is due against the applicants herein. The parties have already filed an application under Section 13- B of the Hindu Marriage Act for dissolution of marriage between the parties by way of mutual consent, which is pending as Matrimonial Case No. 984 of 2022. As per the settlement between the parties, they have also agreed to withdraw all the civil and criminal proceedings pending against each other.
5. In view of the aforesaid facts and in the light of the judgments of the Apex Court in Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 [LQ/SC/2014/327] : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another , (2017) 9 SCC 641 [LQ/SC/2017/1450] and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, [LQ/SC/2012/838 ;] the instant application deserves to be allowed.
6. In view thereof, the instant application is allowed in terms of above noted settlement between the parties and the proceedings of Criminal Case No. 6096 of 2018 (State Vs. Anurag Tripathi and others), arising out of Case Crime no. 066 of 2017, under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, district Allahabad are hereby quashed.