Allahabad High Court
Samarth Kochhar And Another vs State Of U.P. And Another on 8 February, 2021
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 3011 of 2021
Applicant :- Samarth Kochhar And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Akshay Mohiley
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit has been filed by learned counsel for the applicants in Court today, which is taken on record.
Sri Awadhesh Kumar Mishra, Advocate has filed his Vakalatnama on behalf of opposite party no. 4 in Court today, which is also taken on record.
Heard Sri Akshay Mohiley, learned counsel for the applicants, Sri Awadhesh Kumar Mishra, learned counsel for opposite party no. 4 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 06.09.2018 and the entire proceedings of Case Crime No. 0238 of 2018, under Sections 498A, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station - Mahila Thana, District - Ghaziabad.
Brief facts of the case are that the marriage of applicant no. 1 was solemnized with opposite party no. 4 on 06.10.2017 as per Hindu Rites and Customs and out of this wedlock no issue was born. With passage of time, the relations between the two became strained, therefore, they started living separately since 30.07.2018. During the pendency of the proceedings, matter is referred to the Delhi Mediation Centre, Karkardooma Courts, Delhi, wherein, bother the parties have mutually agreed to settle all their disputes on the following terms and conditions :-
"1.) It has been agreed between the parties that they shall dissolve their marriage by mutual consent in accordance with Law as provided U/s 13(B) of H.M. Act.
2.) It has been agreed between the parties that the husband shall pay Rs.51,00,000/- (Rs. Fifty One Lacs only) to the wife as full and final settlement of all the claims of the complainant such as maintenance (past, present & future), istridha, dowry articles, jewellery, permanent alimony etc.
3.) It has been further agreed between the parties that the abovesaid payment shall be made by the husband to the wife by way of cash/DD in the court concerned as per the following manner:-
i) Rs.20,00,000/- (Rs. Twenty Lacs only) (Out of which DD of Rs.15 Lacs & Cheque of Rs.5 Lacs) has already been paid by the husband to the wife and the receipt in this regard is annexed herewith as Annex. A. It is further agreed that the abovesaid cheque of Rs. 5 lacs shall be returned by the wife to the husband on 11.01.2019 and the husband shall pay Rs.5 Lacs in cash or by way of DD to the wife in lieu of that before the referral court.
ii) Rs.10,00,000/- (Rs. Ten Lacs only) shall be paid at the time of recording statement of the parties in the first motion petition and the first motion petition shall be filed by the husband within 15 days after 30.7.2019.
iii) Rs.10,00,000/- (Rs. Ten Lacs only) shall be paid at the time of recording statement of the parties in the second motion petition which shall be filed by the husband within one month after the expiry of stipulated period of six months/as per law or as permitted by the court.
iv) Rs.11,00,000/- (Rs. Eleven Lacs only) shall be paid at the time of quashing of the FIR bearing No. 238/18 U/s 498A/323/504/109/354A/377 IPC & Section 3 & 4 of D.P. Act PS Mahila Thana, Ghaziabad, U.P and the quashing petition shall be filed by the respondents before Hon'ble High Court of Allahabad, U.P. within one month after getting decree of divorce and the wife shall co-operate with the respondents in getting the abovesaid FIR quashed.
4.) It has been further agreed between the parties that the wife shall withdraw her present case U/s 12 of DV Act from the concerned court on 11.1.2019.
5.) It has been further agreed between the parties that the wife shall withdraw her petition U/s 125 Cr.P.C. from the concerned court after recording statement of the parties in the first motion petition and before recording statement of the parties in the second motion petition.
6.) It has been further agree between the parties that the wife shall withdraw her complaint from Mahila Ayog, ITO Delhi within 15 days after 11.1.2019.
7.) It has been further agreed between the parties that Sh. S.P. Kochhar shall withdraw his complaint U/s 156(3) Cr.PC from the concerned court on the date fixed i.e. 16.2.2019.
8.) That in case of breach/violation/willful/deliberate disobedience, the party breaching the terms shall be liable for contempt proceedings and the party aggrieved shall be entitled for status quo-ante in every possible way.
9.) That the defaulting party would return all the benefits/advantages/privileges that have enured in their favour and both the parties would be restored to the position that was before they had arrived at such a settlement agreement.
10.) That the terms have been settled between the parties of their own free will, volition and consent and without there being any undue pressure, coercion, influence, misrepresentation or mistake (both of law and fact), in any form, whatsoever, and the settlement agreement has correctly recorded the said agreed terms and the same has been explained and understood by them in vernacular.
11.)That both the parties undertake that they will abide by and be bound by the agreed terms/stipulations of the settlement agreement."
As per one of the terms and conditions, Rs.11,00,000/- (Rs. Eleven Lacs only) have to pay at the time of quashing of the FIR bearing No. 238/18, therefore, one demand draft of Rs.5,00,000/- (Rs. Five Lacs only) and the other is of Rs.6,00,000/- (Rs. Six Lacs only) both in favour of Chhavi Arora drawn from Axis Bank, Branch - Gagan Vihar dated 05.02.2021 being Demand Draft Nos. 689 and 690 respectively, photostat copy of which has been passed in Court and the aforesaid demand draft is handed over to the counsel for opposite party no. 4 today before this Court, who acknowledges the same.
Before proceeding any further it shall be apt to make a brief reference to the following cases :
(i) B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675;
(ii) Nikhil Merchant Vs. Central Bureau of Investigation (2008)9 SCC 677;
(iii) Manoj Sharma Vs. State and others ( 2008) 16 SCC 1;
(iv) Gian Singh Vs. State of Punjab (2012) 10 SCC 303;
(v) Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466;
In the aforesaid judgments, the Hon'ble Apex Court has categorically held that the compromise can be made between the parties even in respect of certain cognizable and non compoundable offences.
Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278] in which the law expounded by the Apex court in the aforesaid cases has been expatiated in detail.
From a perusal of the record, it appears, the real dispute between the parties were civil and private in nature and criminal prosecution arose incidentally and not as a natural consequence of the real occurrence. It is further apparent that the parties have entered into a compromise and they further appear to have settled their aforesaid real disputes amicably. The opposite party no. 4, who would be a key prosecution witness, if the trial were to proceed, has declared his unequivocal intent to turn hostile at the trial. In such circumstances, it is apparent that merits and truth apart, the proceedings in trial, if allowed to continue, may largely be a waste of precious time by the learned court below.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties, the Court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case as the parties have already settled their dispute.
Accordingly, entire proceedings of Case Crime No. 0238 of 2018, under Sections 498A, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station - Mahila Thana, District - Ghaziabad, are hereby quashed.
The present 482 Cr.P.C. application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 8.2.2021
Priya
