Allahabad High Court
Smt. Paramjit Kaur And Another 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. - 9502 of 2021
Applicant :- Smt. Paramjit Kaur And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ayank Mishra
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 proceedings of Case No. 226 of 2020 (State Vs Balprit Singh and others), under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D. P. Act, arising out of Case Crime No. 469 of 2019, P.S. Ijjat Nagar, District Bareilly, pending in the Court of CJM, Bareilly.
Learned counsel for the applicants submits that this court vide order dated 20.5.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 11.9.2022 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 11.9.2022. Paragraph 7 and 8 of the said report reads as under:
"7. The following settlement has been at between the Parties hereto:-
a) That the parties have already settled their dispute and decided live separately and in this regard they have filed a petition u/e 13-B of the Ilindu Marriage Act before the Family Court, Ludhiana and the same is registered as IIM A. Case No. 1102 of 2022. The parues stated that all the terms and conditions of the sentement has also been mentioned in aforesaid divorce petition, which forms a part of the settlement. The certified copy of the aforesaid divorce petition is being filed herewith to this settlement for kind penisal of the Hon'ble Court.
b) That it has been agreed between the parties that the applicant-husband shall pay a permanent alimony including Stridhan of Rs. 2,84,000 (Rupees Two Lakh Eighty Four Thousand only) to the wife through demand draft drawn in her favour. Out of aforesaid agreed amount of Rs. 1,42,000/- (Rupees One Lakh l'orty Two Thousand only) has already been paid by the applicant-husband in cash to his wife before Punch and the family of O.P. No. 2 already give their consent that they received the aforesaid amount and later on with their mutual concerned they deposit the aforesaid amount before Punch, but later on the Punch produced a demand draft bearing no. 438972 dated 09.09.2022 drawn on Punjab National Bank in favour of Ramneet Kaur (wife) and she has acknowledged the receipt of the same,
c) That it has been agreed between the parties that the remaining amount i.e. Rs. 1,42,000/- (Rupees One Lakh Forty Two Thousand only) shall be paid by Shri Balprit Singh @ Prince (Applicant No. 2-Husband) and to Smt. Ramnit Kaur (O.P. No. 2- Wife) at the time of final judgment in H.M.A. Case No. 1102 of 2022 pending in Family Court, Ludhiana by way of demand draft.
d) That on 05.05.2022 the applicant-husband handed over ornaments to the O.P. No. 2 (wife) and she has acknowledged the receipt of the same in he presence of Devendra Singh (Member of Punch).
e) That it has been agreed between the the parties that the aforesaid daughter shall remain in the custody of the Applicant No. 2-husband.
f) That the O.P. No. -wife submits that she already moved application for withdrawal in the case filed against applicant-husband, the detail of the case is as under:-
(i). Case No. 1006 of 2019 (Ramneet Kaur Vs. Balpreet Singh Ur Prince), filed u/s 125 Cr.P.C., pending before Principal Judge, Family Court, Bareilly,
g) That it has also been agreed between the parties that all civil and criminal 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.
h) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also.
i) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement 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. 9502 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 11.9.2022 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
