Allahabad High Court
Suraj Agrawal vs State Of U.P. And Another on 5 April, 2023
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 7 of 2021
Applicant :- Suraj Agrawal
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sulabh Kr. Srivastava,Uday Prakash Srivastava
Counsel for Opposite Party :- G.A.,Avdhesh Kumar Pandey,Sudeep Kumar
Hon'ble Shamim Ahmed,J.
Heard Shri Sulabh Kr. Srivastava, learned counsel for the applicant, Shri Diwakar Singh, learned A.G.A. for the State-opposite party no. 1 and Shri Sudeep Kumar, learned counsel appearing for opposite party no. 2.
On 24.03.2023 this Court has passed the following order:
"Heard Shri Sulabh Kr. Srivastava, learned counsel for the applicant, Shri Diwakar Singh, learned A.G.A. for the State-opposite party no. 1 and Shri Sudeep Kumar, learned counsel appearing for opposite party no. 2.
In compliance of the order dated 02.03.2023 the applicant-Suraj Agrawal, and the opposite party No. 2-Smt. Swati Agrawal are present before this Court., who have been identified by their respective lawyers.
Shri Suraj Agrawal submits that he is ready to pay eleven lakh rupees as a one time alimony to the opposite party No.2 to settle the dispute.
Smt. Swati Agrawal submits that she is ready to accept the aforesaid amount offered by the applicant.
Both Shri Suraj Agrawal and Smt. Swati Agrawal are agreed to file a petition under Section 13-B of Hindu Marriage Act for mutual divorce.
To show his bonafide Shri Suraj Agrawal shall bring a draft of Rs. 7,000,00/-(Seven Lakh rupees) in the name of Smt. Swati Agrawal on the next date fixed. The remaining amount of Rs. 4,000,00/- (Four Lakh rupees) shall be paid by him to Smt. Swati Agrawal after the decree under Section 13-B of Hindu Marriage Act is passed. Whatsoever cases are filed by Shri Suraj Agrawal and Smt. Swati Agrawal against each other or their family members, shall also be withdrawn within 15 days of passing of decree under Section 13-B of Hindu Marriage Act.
Put up this case on 05.04.2023.
On the next date Shri Suraj Agrawal and Smt. Swati Agrawal shall remain present before this Court.
Interim order, granted earlier, which has been extended time to time, is extended till the next date of listing."
The applicant-Suraj Agarwal and the opposite party No. 2-Smt. Swati Agrawal are present before this Court, who have been identified by their respective lawyers.
In compliance of the aforesaid order dated 24.03.2023 a draft of Rs. 7,00,000/- in original brought by the applicant-Suraj Agarwal, is being handed over to Smt. Swati Agrawal through her counsel, Shri Sudeep Kumar before this Court today, for which a receipt has been made by Smt. Swati Agrawal on the photostat copy of the said draft.
Both Shri Suraj Agrawal and Smt. Swati Agrawal are agreed to file a petition under Section 13-B of Hindu Marriage Act for mutual divorce within ten days from today before the competent court of District Unnao and copy of the said petition shall be filed before this Court by way of supplementary affidavit on or before the next date fixed.
The competent court of District Unnao where the petition under Section 13-B of Hindu Marriage Act will be filed, is directed to decide the said petition expeditiously, within a possible shortest period of time by waiving off the cooling period of six months in view of the judgment passed by Hon'ble Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur : AIR 2017 SC 4417 and further the order passed by a Division Bench of this Court in First Appeal Defective No. 392 of 2019 : Shalini Massey Vs. Neeraj Samuel Dass, decided on 07.01.2020 as the both the parties have entered into a compromise and they want to get separated from each other by a judicial order. This Court hopes and trusts that the court below shall expedite the proceedings of Section 13-B of Hindu Marriage Act without granting any unnecessary adjournment to either of the parties, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.
Put up this case on 04.05.2023 for further orders. On that date both the parties shall remain present before this Court.
The rest of the conditions regarding payment shall be same as directed by the earlier order passed by this Court dated 24.03.2023 and the parties shall abide all other conditions mentioned therein.
It has also been agreed by both the parties that whatsoever cases are filed by Shri Suraj Agrawal and Smt. Swati Agrawal against each other or their family members, shall also be withdrawn within 15 days of passing of decree under Section 13-B of Hindu Marriage Act.
It is made clear that Smt. Swati Agrawal shall not encash the said draft for a period of two months from today which has been received by her today in Court.
Order Date :- 5.4.2023
Mustaqeem
