Allahabad High Court
Mohit Agrawal vs State Of U.P.And Another on 13 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:236170
Court No. - 92
Case :- APPLICATION U/S 482 No. - 15052 of 2023
Applicant :- Mohit Agrawal
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Mahipal Singh
Counsel for Opposite Party :- G.A.,Rakesh Chandra Tiwari
And
Case :- APPLICATION U/S 482 No. - 27268 of 2015
Applicant :- Mohit Agarwal And 2 Ors.
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mahipal Singh
Counsel for Opposite Party :- Govt. Advocate,Rakesh Chandra Tiwari
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Mahipal Singh, learned counsel for the applicants, Sri Rakesh Chandra Tiwari, learned counsel for opposite party no.2 and Sri Prem Prakash Tiwari, learned A.G.A. for the State.
2. The application under Section 482 No.15052 of 2023 has been filed seeking quashing entire proceedings of Criminal Case No.583 of 2015 (New Criminal Case No.3979 of 2019) (State Vs. Mohit Agrawal and others), arising out of Case Crime No.62 of 2015, under Section 498-A, 323, 506, 377 I.P.C. and Section 3/4 D.P. Act, Police Station Seohara, District Bijnor and the connected application under Section 482 No.27268 of 2015 has been filed seeking quashing of entire proceedings as well as impugned charge sheet dated 01.06.2015 and cognizance/summoning order dated 03.07.2015 passed in Criminal Case No.583 of 2015 (State Vs. Mohit Agarwal and others), arising out of Case Crime No.62 of 2015 by which the cognizance taken against the applicant no.1 - husband, under Sections 498-A, 323, 506, 377 I.P.C. and Section 3/4 D.P. Act, Police Station Seohara, District Bijnor and cognizance taken against applicant nos.2 and 3, under Sections 498-A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Seohara, District Bijnor.
3. The applicants had filed earlier an Application U/S 482 No.27268 of 2015, which was dismissed qua the applicant no.1 husband and was entertained on behalf of applicant nos.2 and 3, who are mother-in-law and father-in-law of the opposite party no.2. The said application is pending and is connected along with the main petition. In terms of the opportunity granted vide order dated 11.09.2015, the applicant no.1 applied for bail and he was granted bail. Subsequently thereto, since it was a matrimonial dispute between the parties, applicant no.1 and opposite party no.2 have settled their dispute amicably outside the Court on 07.12.2022 and a compromise was executed, which was placed on record before the concerned trial court. Learned counsel for the applicants further submits that in view of the aforesaid compromise between the parties, the parties have filed an application under Section 13-B of Hindu Marriage Act, which was allowed vide judgment and order dated 21.10.2022 by the Family Court (Second), Rudrapur, Udham Singh Nagar and the marriage between the parties was dissolved in terms of the compromise.
4. From perusal of the said judgment, it is apparent that the parties have settled their dispute amicably and applicant no.1 has paid total sum of Rs.25,00,000/- to the opposite party no.2 against the full and final settlement of all her claims and the claims of maintenance of the daughter of both the parties and it was also decided that the daughter of the parties shall remain with the opposite party no.2 and the opposite party no.2 shall not make any future claim with regard to the maintenance for herself or the daughter. Learned counsel for the applicants further submits that in view of the aforesaid settlement, the opposite party no.2 also withdrawn the proceedings under Section 125 Cr.P.C. filed by her vide order dated 11.02.2023 and another case lodged against the applicants for Domestic Violence bearing Criminal Misc. Cases No.12596 of 2021 (Neetu Agrawal Vs. Mohit Kumar etc.) was also withdrawn by opposite party no.2 on 15.11.2022. Learned counsel for the applicants further submits that only the instant case is pending between the parties after the settlement. The settlement has been arrived and the entire payment under the settlement has already been paid to the opposite party no.2 and marriage between the parties has already been dissolved, therefore, applicant no.1 has filed an Application under Section 482 No.15052 of 2023 for quashing the proceedings of the said case on the basis of compromise between the parties.
5. Learned counsel for opposite party no.2 does not dispute the factum of compromise and receipt of entire amount under the settlement between the parties.
6. Learned A.G.A. also does not dispute the factum of compromise between the parties and does not oppose the quashing of proceedings being matrimonial dispute between the parties which has been duly settled between them.
7. In view of the aforesaid submission made by learned counsel for the parties, this Court has gone through the record of the case and from perusal of record, it is apparent that it is the matrimonial dispute between the applicant no.1 and opposite party no.2, which has been duly settled between the parties and amount of Rs.25,00,000/- has been paid to the opposite party no.2 full and final settlement of all her claims and the daughter of the parties has been given in the custody of opposite party no.2 and order of decree of divorce by mutual consent has already been passed on the basis of said compromise and the opposite party no.2 has also withdrawn the proceedings initiated by her under Section 125 Cr.P.C. and the provisions of Domestic Violence Act.
8. In view of the aforesaid peculiar facts and circumstances of the case, this Court deems it fit to allow both the applications as by such settlement the peace will prevail in the society and no fruitful purpose would be served by keeping the matter pending. In view of the settlement of matrimonial dispute between the parties, the instant application is allowed and the entire proceedings of Criminal Case No.583 of 2015 (New Criminal Case No.3979 of 2019) (State Vs. Mohit Agrawal and others), arising out of Case Crime No.62 of 2015, under Section 498-A, 323, 506, 377 I.P.C. and Section 3/4 D.P. Act, Police Station Seohara, District Bijnor and in the connected application under Section 482 No.27268 of 2015, the proceedings of charge sheet dated 01.06.2015 and cognizance/summoning order dated 03.07.2015 passed in Criminal Case No.583 of 2015 (State Vs. Mohit Agarwal and others), arising out of Case Crime No.62 of 2015 by which the cognizance taken against the applicant no.1 - husband, under Sections 498-A, 323, 506, 377 I.P.C. and Section 3/4 D.P. Act, Police Station Seohara, District Bijnor and cognizance taken against applicant nos.2 and 3, under Sections 498-A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Seohara, District Bijnor, are hereby quashed.
Order Date :- 13.12.2023
Atul
