HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 33951 of 2019 Applicant :- Shashi Prabha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Shankar Yadav Counsel for Opposite Party :- G.A.,Pankaj Kumar Sharma Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash impugned summoning order dated 19.07.2018 as well as N.B.W. order dated 05.12.2018 passed by Judicial Magistrate, Kasganj in complaint case no.2705 of 2017 under Section 406 IPC, pending in the Court of Judicial Magistrate, Kasganj.
Learned counsel for the applicants submits that this court vide order dated 18.09.2019 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 16.12.2020 between the parties. A copy of the same is on record. Perusal of the settlement/agreement thus reached reveals that the parties have amicably settled their dispute and further agreed to withdraw the cases between them. The said fact has been mentioned in para 6 & 7 of the settlement/agreement dated 16.12.2020. Paragraph 6 & 7 of the said report reads as under:
"g) In view of the interim settlement dated 18.11.2020, the following settlement has been arrived at between the Parties hereto:
a) The parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act in Family Court, Kasganj, which is registered as Case No. 362 of 2020. The certified copy of aforesaid divorce petition is being annexed to this settlement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that Santosh Kumar (O. P. No. 2-husband) shall pay an amount of Rs. 05,00,000/- (Rs. Five Lakh only) to the wife which shall include permanent alimony and Stridhan of the wife.
c) That today ie. 16.12.2020, Santosh Kumar (O. P. No. 2-husband) has produced a demand draft bearing no. 686443 dated 03.12.2020 drawn on Union Bank of India for Rs 1,50,000/- (Rs. One Lakh Fifty Thousand Only) issue in the name of Shashi Prabha, and the aforesaid demand draft has been handed over to the Smt. Shashi Prabha (Applicant-wife) and she has acknowledged the receipt of the same.
d) That the demand drafts bearing no. 086847 & 086848 dated 02.11.2020 & 2.11.2020 both drawn on Union Bank of India for Rs. 50,000/- (Fifty Thousand Only) each issue in the name of Shashi Prabha mentioned in the Interim Settlement dated 18.11.2020, has been handed over to Smt. Shashi Prabha (Applicant-wife) and she has acknowledged the receipt of the same also.
e) That it has been agreed between the parties that the remaining amount i.e. Rs. 2,50,000/- (Rs. Two Lakh Fifty Thousand Only) will be given by Santosh Kumar (O. P. No. 2-husband) to the wife Smt. Shashi Prabha at the time of final judgment in aforesaid divorce petition before the Family Court, Kasganj.
f) That it has been agreed between the parties that the 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 also been agreed between the parties that they will not file any case/ complaint against each other regarding the present matrimonial dispute in future also.
h) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement, otherwise the aggrieved party will be free to take legal recourse.
7-By signing this Agreement the Parties hereto state that the Applicant U/S 482 No. 33951 of 2019 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 16.12.2020 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
In view of the above, the present application is allowed.
However, it is left open to the opposite party no.2 to seek recall of this order, if just cause survive.
Order Date :- 2.2.2023 Jitendra