Allahabad High Court
Gajendra Singh And 2 Others 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. - 7812 of 2020
Applicant :- Gajendra Singh And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Radhey Shyam Yadav
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 the order dated 18.10.2018 passed by Civil Judge (J.D.)/ Judicial Magistrate, Tilhar, Shahjahanpur as well as the entire proceedings of Complaint Case No. 10 of 2018 (Shweta Singh vs Genjendra Singh and others), under Sections- 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Gadhiya Rangeen, District- Shahjahanpur, pending in the court of Civil Judge(J.D.)/Judicial Magistrate, Tilhar, Shahjahanpur.
3. Learned counsel for the applicant submits that this court vide order dated 25.02.2020 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 05.06.2022 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 and 8 of the settlement/agreement dated 05.06.2022. Paragraph 7 and 8 of the said report reads as under:
"7) In view of the Interim Settlement dated 08.05.2022, the following settlement has been arrived at between the Parties hereto:-
a) The parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Shahjahanpur, which is registered as Case No. 356 of 2022. The certified copy of aforesaid divorce petition is annexed to this settlement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the applicant No. 1-husband shall pay an amount of Rs. 08,00,000/- (Rs. Eight Lakh only) to the wife which shall include permanent alimony and Stridhan of the wife.
c) That on 08.05.2022, Sri Gajendra Singh (Applicant No. 1-husband) has produced a demand draft bearing no. 350334 dated 06.05.2022 for Rs 04,00,000/- (Four Lakh Only) drawn on State Bank of India in the name of Shweta (wife) and the same is being handed over to the OP. No.2-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. 04,00,000/- (Four Lakh Only) will be given by the Sri Gajendra Singh (Applicant No. 1-husband) to Smt. Shweta (O.P. No. 2-wife) at the time of final judgment in aforesaid divorce petition before the Family Court, Shahjahanpur.
e) 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 concerned by taking appropriate steps before the Court/authority concerned.
f) That the parties further agreed that they shall not file any fresh case/ complaint against each other regarding present matrimonial dispute in any manner whatsoever.
g) 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 Application U/S 482 No. 7812 of 2020 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 05.06.2022 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.
