Allahabad High Court
Shivkumar vs State Of U.P. And 3 Others on 11 April, 2023
Bench: Pritinker Diwaker, Chief Justice, Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Chief Justice's Court
Case :- CRIMINAL MISC. WRIT PETITION No. - 16360 of 2022
Petitioner :- Shivkumar
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Pushpendra Singh
Counsel for Respondent :- G.A.,Abhishek Kumar Shukla
Hon'ble Pritinker Diwaker,Chief Justice
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. The present petition has been filed to quash the FIR dated 02.07.2022, registered as Case Crime No. 0465 of 2022, under Sections - 498A, 504, 307, 377 IPC, Police Station - Beta-2, District Gautam Buddha Nagar.
3. Learned counsel for the petitioner submits that this court vide order dated 3.11.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 16.3.2023 between the parties. A copy of the same is on record. Perusal of the settlement/agreement thus reached reveals that the parties have amicably settled their dispute and further agreed to withdraw the cases between them. The said fact has been mentioned in para 7 of the settlement/agreement dated 16.3.2023. Paragraph 7 of the said report reads as under:
"In view of the Interim Settlement Agreement dated 23.02.2023, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have already settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Gautam Budh Nagar and the same is registered as H.M.A. Case No. 313 of 2023. The certified copy of the aforesaid divorce petition is being annexed to this settlement- agreement 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. 4,30,000/- (Rupees Four Lakhs Thirty Thousand only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That today i.e. 23.02.2023 the petitioner-husband has handed over a demand draft bearing no. 806303 dated 22.02.2023 for Rs. 2,05,000/- (Rupees Two Lakh Five Thousand only) drawn on UCO Bank in favour of Priya Chaudhary 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. 2,25,000/- (Rupees Two Lakhs Twenty Five Thousand only) shall be paid by Shiv Kumar (Petitioner-Husband) to Smt. Priya (Respondent No. 4-Wife) at the time of final judgment in H.M.A. Case No. 313 of 2023 pending in the Court of Principal Judge, Family Court, Prayagraj 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."
4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 16.3.2023 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
5. The present petition is allowed, subject to the petitioner complying with the terms of settlement agreement noted above.
Order Date :- 11.4.2023
Prakhar
(S. D. Singh, J.) (Pritinker Diwaker, C.J.)
