Allahabad High Court
Shailendra Pratap 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. - 13384 of 2019
Applicant :- Shailendra Pratap And 2 Others
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Ramesh Chandra Gupta 2
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 05.03.2019 passed by Civil Judge (Senior Division) F.T.C./ Additional Chief Judicial Magistrate, Kannaun in Complaint Case No.285 of 2019 Rinki Vs. Shailendra Singh and others under Sections 498A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Thathiya, District Kannauj, pending in the court of the Civil Judge (Senior Division) F.T.C./Additional Chief Judicial Magistrate, Kannauj.
Learned counsel for the applicants submits that this court vide order dated 09.04.2019 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 19.09.2019 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 dated 19.09.2019 . Paragraph 7 & 8 of the said report reads as under:
"7) In view of the interim settlement dated 01.08.2019, the following settlement has been arrived at between the Parties hereto:-
a) That in pursuance of the interim settlement dated 01.08.2019, they have filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Kannauj, which is registered as Case No. 328 of 2019 in which next date fixed is 17.02.2020. The certified of aforesaid divorce petition is being annexed to this settlement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the applicant-husband shall pay a permanent alimony including Stridhan of Rs. 3,00,000/-(Three Lakh Only) to the wife in installments.
c) That as agreed between the parties the applicant-husband produced a demand draft bearing no. 478590 dated 29.07.2019 drawn on Bank of Baroda for Rs. 1,50,000/- (One Lakh Fifty Thousand Only) which was kept in the file of the Mediation Centre, has been handed over to the wife Smt. Rinki (O.P. No. 2, wife) today Le. 19.09.2019 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. 1,50,000/- will be paid through demand draft issued in the name of the wife at the time of passing of the final judgment in aforesaid divorce petition.
e) That it has been agreed between the parties that the cases filed by them against each other regarding present matrimonial disputes shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
8. By signing this Agreement the Parties hereto state that the Application U/S 482 No. 13384 of 2019 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation /Mediation."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 19.09.2019 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
In view of the above, the present application is allowed.
However, it is left open to the opposite party no.2 to seek recall of this order, if just cause survive.
Order Date :- 2.2.2023
Jitendra
