Allahabad High Court
Nishant Dubey 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. - 517 of 2021
Applicant :- Nishant Dubey And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sanjay Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Sanjay Kumar Pandey 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 against the applicants in case no. 8275 of 2020 (State Vs. Nishant Dubey and others) arising out of crime no. 0028 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Firozabad pending in the Court of Additional Civil Judge (Junior Division), Shikohabad,
Learned counsel for the applicants submits that this court vide order dated 16.3.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 16.9.2022 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 16.9.2022. Paragraph 7 and 8 of the said report reads as under:
"7) In view of the interim Settlement dated 29.07.2022, 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, Aligarh, which is registered as Case No. 1449/2022. The certified copy of aforesaid divorce petition is 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 an amount of Rs. 6,00,000/- (Rupees Six Lakhs Only) as permanent alimony including Stridhan to the wife and maintenance and after receiving this amount, she shall not entitled to claim any further maintenance of any nature whatsoever from the husband and his family member in any manner whatsoever under any circumstances nor she shall stake any claim in the property of petitioner or his family members under any circumstances or under any law.
c) That on 29.07.2022, the Petitioner no. 1-husband has produced a demand draft bearing no. 017521 dated 26.07.2022 drawn on Axis Bank for Rs. 3,00,000/- (Rs. Three Lakhs Only) issued in the name of wife (Shubhangi Mishra), which has been handed over to the wife today i.e. 16.09.2022, 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. 3,00,000/- (Rs. Three Lakhs Only) shall be paid to Smt. Subhangi (Respondent No. 2-wife) by Shri Nishant Dubey (Petitioner No. 1-husband) at the time of final judgment/ decree before the Family Court, Aligarh, 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. 517 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 16.9.2022 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
