Allahabad High Court
Narendra @ Pappu And 5 Others vs State Of U.P. And 3 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. - 12804 of 2021
Petitioner :- Narendra @ Pappu And 5 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Vijay Tripathi
Counsel for Respondent :- G.A.,Prabhat Kumar Tiwari
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 19.11.2021 registered as Case Crime No. 299 of 2021, under Sections 498-A, 323 I.P.C., Police Station Shamsabad, District Agra, 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 10.01.2022, 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 09.09.2022 was arrived at between the parties on the conditions which are quoted herein under:
"(a) That the parties have already 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, Agra and the same is registered as Case No.2371 of 2022. The certified copy of 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.2,80,000/- (Rupees Two Lakh Eighty Thousand Only) which includes permanent alimony and Stridhan of the wife.
(c) That on 26.08.2022, the petitioner-husband has produced a demand draft bearing no. 127346 dated 28.07.2022 drawn on Punjab National Bank for Rs. 1,40,000/- (Rupees One Lakh Forty Thousand Only) wife namely Sapna (wife) and the same has been handed over today i.e. 09.09.2022 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. Rs. 1,40,000/- (Rupees One Lakh Forty Thousand Only) shall be paid by Sri Narendra @ Pappu (Petitioner No.1-Husband) to Smt. Sapana (Respondent No.4-Wife) at the time of final judgment in Case No.2371 of 2022 pending in Family Court, Agra 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 cases 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 19.11.2021 registered as Case Crime No. 299 of 2021, under Sections 498-A, 323 I.P.C., Police Station Shamsabad, District Agra, is hereby quashed.
The writ petition stands allowed.
Order Date :- 31.10.2022
Shivangi
