Allahabad High Court
Smt. Rajni Verma And 2 Others vs State Of U.P. And Another on 2 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 37434 of 2019
Applicant :- Smt. Rajni Verma And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sharique Ahmed
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash criminal proceeding of Complaint Case No. 147/2016 under Sections 452, 323, 504, 506, 406 IPC, Police Station- Kotwali Auraiya, District-Auraiya pending before ACJM, Auraiya and also to quash the summoning order dated 20.07.2019 passed by ACJM, Auraiya in Complaint Case No. 147/2016 under Sections 452, 323, 504, 506, 406 IPC, Police Station- Kotwali Auraiya, District- Auraiya pending before ACJM, Auraiya.
3. Learned counsel for the applicants submits that this court vide order dated 19.10.2019 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 19.05.2022 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 & 8 of the settlement/agreement 28.04.2022. Paragraph 8 & 9 of the said report reads as under:
"8. In view of the Interim Settlement Agreement dated 28.04.2022. The following settlement has been arrived at between the parties hereto:-
(a) That the parties have mutually decided to take divorce and in this regard they have filed a divorce petition under Section 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Kanpur Nagar which is registered as Matrimonial Case No. 1316 of 2022. The certified copy of 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 O.P. No.2 - husband shall pay a permanent alimony including stridhan of Rs. 6,00,000/- (Rs. Six Lakh only) to the wife by way of demand draft.
(c) That o 28.04.202 the O.P. No. 2 - husband has produced a demand draft bearing no. 085931 both dated 25.04.2022 for Rs. 3,00,000/- (Rupees Three Lakh only) drawn on State Bank of India in favour of wife namely Rajni Verma and the same has been handed over today i.e. 19.05.2022 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. 3,00,000/- (Rupees Three Lakh only)shall be paid by Sri Nitin Verma (O.P. No.2 - husband) to Smt. Rajni Verma (Applicant No. 1 - wife) at the time of final judgment in Matrimonial Case No. 1316 of 2022 pending in Family Court, Kanpur Nagar by way of demand draft, the next date fixed 11.11.2022.
(e) That it has been agreed between the parties that the cases filed against each other shall be withdrawn prior to final decree in aforesaid divorce petition.
(f) That it has also been agreed btween the parties that all civil and criminal case 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.
(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.
9. By signing this Agreement the Parties hereto state that the Application U/s 482 No. 37434 of 2019 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 19.05.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
5. In view of the above, the present application is allowed.
6. However, it is open to the opposite party no.2 to seek recall of this order, if just cause survives.
Order Date :- 2.2.2023
Ashish Pd.
