Allahabad High Court
Anand Pandey 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. - 9493 of 2021
Applicant :- Anand Pandey
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rahul Mishra,Sanjay 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 order dated 13.3.2019 passed in Case No. 502 of 2018 (Smt Pragya Tiwari Vs Anand Pandey), under Section 125 Cr.P.C. P.S. Kotwali, District Lalitpur.
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 27.5.2022 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 8 and 9 of the settlement/agreement dated 27.5.2022. Paragraph 8 and 9 of the said report reads as under:
8. In view of the Interim Settlement Agreement dated 06.05.2022. The following settlement has been arrived at between the Parties hereto:-
(a) That the parties have mutually decided to take divorce and in this regard they have filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Lalitpur which is registered as Matrimonial Case No. 129 of 2022. The certified copy of aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal 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. 4,00,000/- (Rupees Four Lakh only) to the wife by way of demand draft.
(c) That on 06.05.2022 the applicant-husband has produced a demand draft bearing no. 505224 dated 11.04.2022 for Rs. 3,00,000/- (Rupees Three Lakh only) drawn on Union Bank of India in favour of wife namely Pragya Tiwari and the same has been handed over today i.e. 27.05.2022 to the 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. 1,00,000/- (Rupees One Lakh only) shall be paid by Sri Anand Pandey (Applicant-Husband) to Smt. Pragya Tiwari (O.P. No. 2-Wife) at the time of final judgment in Matrimonial Case No. 129 of 2022 pending in Family Court, Lalitpur by way of demand draft.
(e) 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.
(f) 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.
9.-By signing this Agreement the Parties hereto state that the Application U/S 482 No. 9493 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 27.5.2022 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
