Allahabad High Court
Yogesh Pathak vs State Of U.P. And Another on 6 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 9755 of 2021
Applicant :- Yogesh Pathak
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Arvind Kumar Tiwari
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 Section 482 Cr.P.C. application has been filed for quashing the order dated 4.12.2018 as well as outstanding recovery warrant dated 1.11.2019 of Rs.1,38,000/- and entire proceedings of Criminal Case No.221 of 2018 Smt. Ranjana Pathak Vs. Yogesh Pathak), under Sections 125 and 125(3) Cr.P.C., P.S. Shahganj, District Agra pending in the court of Principal Judge, Family Court, Agra.
Learned counsel for the applicants submits that this court vide order dated 3.8.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 12.6.2022 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 12.6.2022. Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim Settlement dated 22.05.2022, 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, Agra, which is registered as Case No. 1363 of 2022 in which next date is fixed as 30.11.2022. The certified copy of aforesaid divorce petition and order-sheet are being annexed to this settlement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the husband shall pay a permanent alimony including Stridhan of Rs. 03,00,000/- (Rupees Three Lakh Only) to the wife through demand draft drawn in favour.
c) That on 22.05.2022, Shri Yogesh Pathak (Applicant-husband) has produced a demand draft bearing no. 722132 dated 20.05.2022 drawn on State Bank of India for Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) issued in favour of wife (written as Ranjana Pachori), which was being kept in the file concerned and has been handed over to the wife today Le. 12.06.2022 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/- (Rupees One Lakh Fifty Thousand only) shall be paid to Smt. Ranjana Pathak (O. P. No. 2- wife) by Shri Yogesh Pathak (Applicant-husband) at the time of final judgment before the Family Court, Agra, by way of demand draft of a nationalized bank.
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. 9755 of 2021 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 12.6.2022 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 survives.
Order Date :- 6.2.2023
SP
