Allahabad High Court
Subhash Dixit Alias Kuldeep And ... 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. - 30130 of 2019
Applicant :- Subhash Dixit Alias Kuldeep And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vinay Kumar Singh,Shyam Shankar Mishra
Counsel for Opposite Party :- G.A.,Anand Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Shyam Shankar Mishra learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed by the applicant with a prayer to quash the summoning order dated 20.6.2019 as well as entire proceedings of Criminal Case No. 16814 of 2019 (State vs Subhash and Another) arising out of Case Crime No. 0102 of 2019, under sections 498-A, 323, 504, 506, 406 IPC and 3/4 Dowry Prohibition Act, Police Station Chakeri, District Kanpur Nagar pending in the court of learned Chief Metropolitan Magistrate, Kanpur Nagar.
Learned counsel for the applicants submits that this court vide order dated 05.08.2019 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 11.01.2021 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 11.01.2021. Paragraph 7 & 8 of the said report reads as under:
"7) In view of the Interim Settlement dated 14.12.2020, the following settlement has been arrived at between the Parties hereto:
a) That the parties have decided to live separately and in this regard they have filed a petition u's 13-B of the Hindu Marriage Act in Family Court, Kanpur Nagar, which is registered as Case No. 36 of 2021 in which next dated is fixed 09.07.2021. The certified copy 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 Sabhash Dixit alias Kuldeep (applicant no. 1-husband) shall pay an amount of Rs. 3,05,000/-(Rs Three Lakh Five Thousand only) to the wife which shall include permanent alimony and Stridhan of the wife. Out of the aforesaid amount,Rs 1,50,000/- has already been handed over to the O.P. No. 2-wife through demand drafts bearing nos 003770 & 370253 dated 23.12.2020 & 29.12.2020 drawn on Bank of India & Andhra Bank for Rs. 50,000/- (Fifty Thousand Only) & Rs 1,00,000/- (One Lakh Only) both issued in favor of Swati Shukla and she has acknowledged the receipt of the same.
c) That it has been agreed between the parties that the remaining amount te. Rs. 1,55,000/- (Rs. One Lakh Fifty Five Thousand Only) will be given by Subhash Docit alias Kuldeep (applicant no. 1- husband) to the wife Smt. Swati Dixit alias Swati Shukla (OP No. 2-wife) at the time of final judgment in aforesaid divorce petition before the Family Court, Kampar Nagar.
d) That it has been agreed between the parties that the cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties by appropriate steps before the Court/authority concerned.
e) That it has also been agreed between the parties that they will not file any case complaint against each other regarding the present matrimonial dispute in future also.
f) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement, otherwise the aggrieved party will be free to take legal recourse 8-By signing this Agreement the Parties hereto state that the Applicant US 482 No. 30130 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 11.01.2021 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 opposite party no.2 to seek recall of this order if the terms of the settlement is not complied with by the applicants.
Order Date :- 2.2.2023
Jitendra
