Alkesh Tyagi And Another vs State Of U.P. And Another
2022 Latest Caselaw 705 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- APPLICATION U/S 482 No. - 4209 of 2018
 

 
Applicant :- Alkesh Tyagi And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Bhuvnesh Kumar Singh,Adarsh Singh,Indra Raj Singh
 
Counsel for Opposite Party :- G.A.,Pankaj Kumar Tyagi,Varun Kumar Srivastava
 

 
Hon'ble Umesh Kumar,J.

Heard Sri Adarsh Singh and Sri Ajeet Singh, learned counsel, for the applicants, Sri Varun Kumar Srivastava, learned counsel for opposite party no.2 as well as learned AGA for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge-sheet dated 15.07.2017 and cognizance order dated 04.09.2017 as well as entire proceeding of Criminal Case No. 481 of 2017 (State Vs. Shivang Tyagi and Others) arising out of Case Crime No. 547 of 2016 under Section 498-A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S.- Noorpur, District- Bijnor, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Chandpur, District- Bijnor, in terms of compromise/settlement arrived at between the parties.

Learned counsel for the applicants has submitted that as per the settlement agreement dated 03.10.2020 made between the parties, before the Mediation Centre, Tis Hazari Courts, Delhi for a sum of Rs. 5,00,000/- ( Rs. Five Lakhs Only), out of which a total of Rs. 3,00,000/- (Rs. Three Lakhs Only) has been paid by the applicant to the wife/opposite party no.2, and it has been agreed between the parties that all criminal and civil cases filed by them against each other shall be withdrawn/get quashed by them by taking appropriate steps before the Court/Authorities concerned.

Learned counsel for the Opposite Party No.2 has also acknowledged the aforesaid settlement and now, no dispute remains between them and he has no objection, if the proceedings of impugned case are quashed.

Admittedly the dispute is of matrimonial one and it is also not disputed that the couple has settled the matter amicably by way of compromise in HMA No. 975 of 2021 (Shivang Tyagi Vs. Smt. Sanket Tyagi) filed before the Court of Family Court (West), Tees Hazari, Delhi, which has been finally decided by judgment and order dated 8.9.2021 (Annexure No. S.A.-4) on certain terms and condition and therefore continuance/pendency of the present matter would nothing but the abuse of process of law.

Accordingly, the entire proceeding of Criminal Case No. 481 of 2017 (State Vs. Shivang Tyagi and Others) arising out of Case Crime No. 547 of 2016 under Section 498-A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S.- Noorpur, District- Bijnor, is hereby quashed. However, as admitted by learned counsel for the applicant, remaining sum of Rs. 2,00,000/- (Rs. Two Lakhs Only) shall be paid by the applicant to opposite party no.2 within one month from today.

This application under Section 482 CrPC is, accordingly, disposed of. There shall be no order as to costs.

Order Date :- 7.4.2022

S.Verma