Allahabad High Court
Devendra @ Sudeep Kumar Gupta And ... vs State Of U.P. And Another on 3 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 38707 of 2018
Applicant :- Devendra @ Sudeep Kumar Gupta And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Amit Kumar Dixit
Counsel for Opposite Party :- G.A.,Rakesh Kumar
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 29.08.2018 as well as the entire proceedings of Case No.3544 of 2017, under Sections-498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Karvi, District- Chitrakoot, pending in the court of Chief Judicial Magistrate, Chitrakoot.
3. Learned counsel for the applicant submits that this court vide order dated 26.10.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 30.08.2019 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 6 and 7 of the settlement/agreement dated 30.08.2019. Paragraph 6 and 7 of the said report reads as under:
"6) In view of the interim settlement dated 12.07.2019, the following interim settlement has been arrived at between the Parties hereto:-
a) That the marriage of Sri Devendra @ Sudeep Kumar Gupta (Applicant No. 1-Husband) and Smt. Preeti Gupta (OP No. 2 Wife) was solemnized on 25.02.2017. Due to strained relationships, they are living separately from 08.05.2017. Out of aforesaid wedlock, they have a daughter namely Angel at present aged about 1 years.
b) That as agreed between the parties they have filed a divorce petition under section 13-B of Hindu Marriage Act before the Family Court, Chitrakoot, which is registered as Case No. 122/2019. The certified copy of aforesaid divorce petition and affidavits of both the parties are being annexed to this settlement-agreement for kind perusal of the Hon'ble Court.
c) That it has been agreed between the parties that the applicant-husband shall pay an amount of Rs. 14,00,000/- (fourteen lacs only) to the wife. Out of which Rs 7,00,000/- shall be towards permanent alimony and Stridhan of the wife and Rs. 7,00,000/- in the form of Fixed Deposit towards maintenance of aforesaid child namely Angel as she shall remain with her mother.
d) That the applicant-husband has handed over a demand draft bearing no. 482490 dated 24.06.2019 for Rs. 7,00,000/- drawn on SBI to the wife Smt. Preeti Gupta and she has acknowledged the receipt of the same. The Fixed Deposit for Rs. 7,00,000/- (Rs. Seven Lacs Only) in the name of the minor daughter namely Angel (under the guardianship of Preeti Gupta) shall be handed over to the wife Preeti Gupta at the time of passing of final judgment in the divorce petition under section 13-B of Hindu Marriage Act.
e) That it has been agreed between the parties that all the cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court concerned and shall produce the certified copy of the same before the Family Court, Chitrakoot at the time of recording the statement of the parties.
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 course.
7. By signing this Agreement the Parties hereto state that they have no further claim against each other with respect to Application U/s 482 No. 38707 of 2018 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 30.08.2019 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
5. The present application is allowed, subject to the applicant complying with the terms of settlement agreement noted above. However, it is left open to the opposite party no.2 to seek recall of this order, if just cause survives.
Order Date :- 3.2.2023
A.Kr.
