Allahabad High Court
Mukesh Kumar And Others vs State Of U.P. And 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. - 9865 of 2021
Petitioner :- Mukesh Kumar And Others
Respondent :- State of U.P. and Others
Counsel for Petitioner :- Jainendra Kumar Pandey,Vipin Chandra Pandey
Counsel for Respondent :- G.A.,Sarvjeet Kumar,Vikrant Pandey
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 28.09.2021 registered as Case Crime No. 0128 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act, Police Station Mahewaghat, District Kaushambi, 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 26.10.2021, 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 17.09.2022 was arrived at between the parties on the conditions which are quoted herein under:
"(a) That parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Kaushambi, which is registered as Case No.410 of 2022. 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 the husband shall pay an amount of Rs. 9,50,000/- (Rupees Nine Lakh Fifty Thousand Only) as permanent alimony including Stridhan to the wife and maintenance and after receiving this amount, she shall not entitled to claim any further maintenance of any nature whatsoever from the husband and his family member in any manner whatsoever under any circumstances nor she shall stake any claim in the property of petitioner of his family members under any circumstances or under any law.
(c) That on 16.07.2022, Petitioner No.1-husband has produced a demand draft bearing No.009085 dated 04.08.2022 drawn on IDBI Bank for Rs. 4,75,000/- (Rupees Four Lakh Seventy Five Thousand Only) issued in favour of Kalpna Devi (wife), which was being kept in the file concerned and today i.e. 17.09.2022, the same is being handed over 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. Rs. 4,75,000/- (Rupees Four Lakh Seventy Five Thousand Only) shall be paid to Smt. Kalpana Devi (Respondent No.4-wife) by Shri Mukesh Kumar (Petitioner No.1-husband) at the time of final judgment/decree before the Family Court, Kaushambi, by way of demand draft of a nationalized bank.
(e) That as agreed between the parties, the petitioner has moved withdrawal application in the Case No.300/2021 filed u/s 156(3) IPC, before Civil Judge (JD)/JM, Khaga, Fatehpur, upon the said application the learned Court passed an order dated 31.08.2022, which is annexed herewith for kind perusal of Hon'ble Court.
(f) That as agreed between the parties, the petitioner has moved withdrawal application in the Case No.90/2021 filed u/s 156(3) IPC, before Civil Judge (JD)/JM, Khaga, Fatehpur, upon the said application the learned Court passed an order dated 31.08.2022, which is annexed herewith for kind perusal of Hon'ble Court.
(g) That the Case No.351 of 2021 has been dismissed on 29.07.2022 by the family Court, Fatehpur, a certified whereof is annexed herewith for kind perusal of Hon'ble Court.
(h) That as agreed between the parties that the respondent no.4- Smt. Kalpana Devi moved withdrawal applications in the cases by her and produced certified copy of the same before the Centre and the same is annexed herewith for kind perusal of Hon'ble Court. The details of the cases are as under:
(a) Case No.222 of 2021, u/s 125 Cr.P.C., Kalpana Devi vs. Mukesh Kumar, pending in the Family Court, Kaushambi.
(b) Case No.590 of 2022, u/s 12 of Domestic Violence Act, Kalpana Devi vs. Mukesh Kumar & Others, pending in the Family Court, Kaushambi.
(i) That it has also been agreed between the parties that apart from the cases mentioned above, if any civil or criminal case is pending between the parties against each other regarding present matrimonial dispute shall also be withdrawn by the parties concerned as soon as possible in view of this settlement-agreement.
(j) That the parties further agreed that they shall not file any fresh case/complaint against each other regarding present matrimonial dispute in any manner whatsoever.
(k) 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.
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 28.09.2021 registered as Case Crime No. 0128 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act, Police Station Mahewaghat, District Kaushambi, is hereby quashed.
The writ petition stands allowed.
Order Date :- 31.10.2022
Shivangi
