Allahabad High Court
Robin And 2 Others 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. - 8213 of 2021
Applicant :- Robin And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ishwar Chandra Tyagi
Counsel for Opposite Party :- G.A.,Sandeep Kumar Srivastava
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 Criminal Case No.1407 of 2020 ( State Vs. Robin & others) arising out of Case Crime No.103 of 2020, under Sections 498-A, 323, 506, 207 IPC and 3/4 D.P. Act, Police Station Rajabpur, District Amroha/ J.P. Nagar including charge sheet dated 10.09.2020 and 12.122.2020 as well as cognizance order dated 16.09.2020 and 4.1.2021 passed by learned Civil Judge ( Junior Division)/ Judicial Magistrate Amroha/ J.P. Nagar.
Learned counsel for the applicants submits that this court vide order dated 25.3.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 14.7.2022 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 14.7.2022. Paragraph 8 and 9 of the said report reads as under:
"8. In view of the Interim Settlement Agreement dated 02.06.2022. 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, Amroha which is registered as Matrimonial Case No. 449 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 one me settlement amount of Rs. 21,00,000/- (Rupees Twenty One Takh only) which includes of Rs. 11,00,000/- (Rupees Eleven Lakh only) towards maintenance of the daughter namely, Vanshika who is in the custody of the mother and Rs. 10,00,000/- (Rupees Ten Lakh only) inwards permanent alimony including Stridhan of the wife by way of demand draft.
(c) That on 02.06.2022 the applicant-husband has produced a demand draft bearing no. 120691 dated 17.05.2027 for Rs. 5,00,000/- (Rupees Five Lakh only) drawn on National Bank in favour of wife namely Meenakshi and the same has been handed over today Le. 14.07.2022 to the wife and she has acknowledged the receipt of the same.
(d) That today i.e. 14.07.2022 the applicant-husband has produced another demand draft bearing no. 120736 dated 08.07.2022 for Rs. 6,00,000/- (Rupees Six Lakh only) drawn on Punjab National Bank in favour of daughter namely Vanshika Chaudhary. The aforesaid demand draft has been handed over to Smt. Meenakshi (Wife) (Mother of Vanshika Chaudhary) and she has acknowledged the receipt of the same. The aforesaid amount of Rs. 6,00,000/- shall be invested as Fixed Deposit (ED.) in the name of his daughter under the guardianship of his mother.
(e) That it has been agreed between the parties that the remaining amount (e. Rs. 10,00,000/- (Rupees Ten Lakh only) shall be paid by Sri Robin (Applicant No. 1-Husband) to Smt. Meenakshi (Wife) (D/o-O.P. No. 2) at the time of final judgment in Matrimonial Case No. 449 of 2022 pending in Family Court, Amroha by way of demand draft.
(f) That it has been agreed between the parties that the aforesaid daughter namely, Vanshika shall remain with his mother and by attaining the age of majority the expenses of maintenance of the daughter shall be borne by the mother.
(g) That it has been agreed between the parties that the Sri Robin (Applicant No. 1-Husband) shall not claim custody of the child namely namely Vanshika who is living with his mother (Smt. Meenakshi) in future.
h) 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.
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.
9.-By signing this Agreement the Parties hereto state that the Application U/S 482 No. 8213 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 14.7.2022 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
