Hon'ble Shashi Kant,J.

1. Heard Sri C. P. Gupta holding brief of Sri Raghavendra Dwivedi learned counsel for the applicants and the learned A.G.A. for the State of U.P.

2. This petition has been filed by the applicants for quashing the order dated 04.07.2007 passed by the A.C.J. (J.D.), Room No. 10, Allahabad in Criminal Case No. 2733 of 2007 (Renu Vs. Rakesh Gautam and other) under Section 498-A I.P.C. and Section ¾ D. P. Act and to quash the entire proceedings arising out thereof.

3. On 12.12.2007 following order has been passed:

"Heard Sri Raghavendra Dwivedi, learned counsel for the applicants and the learned A.G.A. and also perused the record.

It is said that opposite party no. 2 brought a suit for divorce under Section 13 of the Hindu Marriage Act with the allegation that her husband Sri Rakesh Kumar to be impotent. With the counter allegations a separate divorce proceedings was brought by applicant no. 1 but thereafter with a view to harass the applicants an application was given to the Circle Officer on 30th May 2006 wherein the police after investigation submitted that no such offence has been made. Thereafter an application under Section 156(3) of the Code of Criminal Proceedings was moved by opposite party no. 2 and that too was found to be not correct and the police submitted final report in it. It was subsequently treated as complaint case and evidence was recorded and summons were issued against the applicants. It is said all to be malafide proceedings.

Issue notice to opposite party no. 2. Let counter affidavit be filed within four weeks. List it on 25th January 2008. Till that date, the proceedings of Criminal Case No. 2733 of 2007 (Renu Vs. Rakesh Gautam & others) pending in the court of the learned Additional Civil Judge (Junior Division), Room No. 10, Allahabad shall remain stayed."

4. Keeping view of the above facts that the above Criminal Case No. 2733 of 2007 has been filed due to matrimonial dispute between the parties. Vide order dated 24.10.2008, the matter was referred to the mediation Centre at Allahabad High Court. The Mediation and Conciliation Centre of this Court has made available his report dated 05.08.2010, in which it has been informed that mediation has completed. Agreement enclosed.

5. Paragraphs 6 and 7 of the Agreement enclosed with report are reproduced herein below:

"6. That it has been mutually and amicably agreed between the parties that they will live apart/separately on the following terms and conditions:

a. That the Petitioner No.-1 Sri Rakesh Kumar has agreed to give Rs. 1, 75, 000/-(Rs. One Lac Seventy Five Thousand Only) to O.P. NO.-2 as hereinafter mentioned-75,000/- has already been given to O.P. No.-2 on 03.06.2010 vide Bank Draft No. 873461 dated 20.05.2010, Rs. 50,000/- is being given today (05.08.2010) vide Bank Draft No. 877871 dated 04.08.2010 and Rs. 50,000/- will be given to O.P. No.2 on 22.01.2011, before the Principal Judge Family Court Allahabad prior to granting of divorce decree to the parties.

b. That on 22.01.2011 the O.P. No. -2 will receive the entire amount agreed between the parties as full and final amount paid as alimony to the O.P. No.-2 against the present matrimonial dispute.

c. That it is further mutually agreed between the parties that they will withdraw cases filed/pending between the parties on the basis of the present settlement agreement which are herein mentioned:-

(i) Case No.-171/2006, Rakesh Kumar Vs. Renu Devi, u/s 13 of Hindu Marriage Act, pending before Principal Judge Family Court Allahabad.

(ii) NCR No.-107/2009 Case No.2931/2009 u/s 494 I.P.C. PS Karchhana, pending before ACJM Allahabad Room No.-4, Renu Vs. Rakesh and Khushboo.

(iii) Case No.2733/2009, u/s 498-A,3/4 D. P. Act pending before ACJM Allahabad Room No. 10.

(iv) Case No.-554/06 Smt. Renu Vs. Rakesh Gautam, u/s 125 Cr.P.C. pending before Principal Judge Family Court Allahabad.

(d) That in the pursuance of the present settlement agreement mutually agreed between the part