Allahabad High Court
Neelabh Tiwari vs State Of U.P. And Anr on 3 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 33354 of 2018
Applicant :- Neelabh Tiwari
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Ajay Kumar Upadhyay
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 entire proceedings of 807 of 2018 (State vs. Neelabh Tiwari and others), arising out of Case Crime No.717 of 2017, under Sections 498A, 323, 504, 506 I.P.C., and 3/4 D. P. Act, Police Station Munderwa, District Basti, pending in the Court of Additional Chief Judicial Magistrate, Court no.9, Basti.
Learned counsel for the applicants submits that this court vide order dated 03.10.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 25.07.2019 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 & 7 of the settlement/agreement dated 25.07.2019. Paragraph 6 & 7 of the said report reads as under:
"6. In view of the Interim Settlements dated 30.05.2019, the following settlement has been arrived at between the Parties hereto :-
a) That Interim Settlement dated 30.05.2019 is part and parcel of this Settlement Agreement.
b) That as per Interim Settlement Sri Neelabh Tiwari (Applicant, husband) and Smt. Saraswati (Daughter of O.P. No. 2, wife) have decided to take mutual divorce on the condition that the husband will pay a permanent alimony including Stridhan of Rs. 06 Lakhs (Rupees six lakhs only) to the wife in 2 installments.
c) That on 30.05.2019 the husband had produced a Demand draft of Rs. 03 Lakhs (Rupees three lakhs only. (1st Installment) bearing No. 181964 dated 21.05.2019 issued by State Bank of India drawn in favour of wife kept in the Mediation file which which has been handed over to her today and she has acknowledged the receipt of the same.
d) That as agreed parties have filed a mutual divorce petition No. 366/19 under section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court Basti and produced the certified copy of the same which is being annexed to this Settlement Agreement. Next date has been fixed on 08.01.2020.
e) That it has been agreed between the parties that the remaining amount Rs. 03 Lakhs (Rupees three lakhs only, ( Installment) shall be paid by the husband to the wife by way of demand draft drawn in her favour at the time of final judgment of mutual divorce petition in the family court .
f) That all the gifted items have been returned by the husband to the wife on 15.07.2019.
g) That hereafter parties have no further claim against each other of any nature with regard to the present case.
h) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement.
i) That it has been agreed between the parties that the all Criminal and Civil cases filed by them against each other shall be withdrawn/set aside/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month of this Settlement Agreement.
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. 33354 of 2018 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 25.07.2019 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 :- 3.2.2023
Jitendra
