Allahabad High Court
Gaurav Chauhan And 4 Others vs State Of U.P. And 2 Others on 31 October, 2022
Bench: Suneet Kumar, Syed Waiz Mian
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 6650 of 2022
Petitioner :- Gaurav Chauhan And 4 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Santosh Kumar Singh
Counsel for Respondent :- G.A.,Ch. Dil Nisar
Hon'ble Suneet Kumar,J.
Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.
The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 19.12.2021 registered as Case Crime No. 0640 of 2021, under Sections 498-A, 376, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act, 1961, Police Station Kotwali Dehat, District Saharanpur, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
As the dispute is regarding the husband and wife, earlier vide order dated 02.06.2022, this Court referred the matter to the Mediation and Conciliation Centre. Pursuant to the said order, the parties appeared before the mediator wherein the settlement dated 25.09.2022 was arrived at between the parties on the conditions which are quoted herein under:
"(a) That the parties have settled their dispute and decided live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Saharanpur and the same is registered as Marriage Case No.1510 of 2022. The certified copy of the aforesaid divorce petition is being filed herewith to this settlement for kind perusal of the Hon'ble Court.
(b) That it has been agreed between the parties that the petitioner-husband shall pay one time settlement amount of Rs.13,40,000/- (Rupees Thirteen Lakh Forty Thousand Only) which includes permanent alimony and Stridhan to the wife by way of Demand Draft.
(c) That on 18.09.2022, the petitioner-husband has produced a demand draft bearing no.050861 dated 16.09.2022 drawn on State Bank of India for Rs.6,70,000/- (Rupees Six Lakh Seventy Thousand Only) in favour of Sapna D/o Tony Singh (wife) and the same has been handed over today i.e. 25.09.2022 to the wife and she has acknowledged the receipt of the same.
(d) That it has been agreed between the parties that the remaining amount i.e. 6,70,000/- (Rupees Six Lakh Seventy Thousand Only) shall be paid by Sri Gaurav Chauhan (Petitioner No.1-Husband) to Smt. Sapna (Respondent No.3-Wife) at the time of final judgment in Marriage Case No.1510 of 2022 pending in Family Court, Saharanpur by way of demand draft.
(e) 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.
(f) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also.
(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."
In view of the above, since the parties have resolved their dispute in terms of the settlement, the present proceedings of the First Information Report dated 19.12.2021 registered as Case Crime No. 0640 of 2021, under Sections 498-A, 376, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act, 1961, Police Station Kotwali Dehat, District Saharanpur, is hereby quashed.
The writ petition stands allowed.
Order Date :- 31.10.2022
Shivangi
