Allahabad High Court
Krishna Raj Singh 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. - 3602 of 2021
Applicant :- Krishna Raj Singh And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Bijai Prakash Tiwari
Counsel for Opposite Party :- G.A.,Syed Fahim Ahmed
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 Complaint Case No. 473 of 2018 (Sangeeta Devi Vs. Krishna Raj and others), under Sections 323, 498-A IPC and 3/4 Dowry Prohibition Act, Police Station Sarai Inayat, District Allahabad, pending in the Court of Addl. Chief Judicial Magistrate, 8th, Allahabad.
Learned counsel for the applicants submits that this court vide order dated 10.2.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 24.7.2022 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 7 and 8 of the settlement/agreement dated 24.7.2022. Paragraph 7 and 8 of the said report reads as under:
7. In view of the Interim Settlement dated 01.05.2022, the following settlement has been arrived 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/s 13-B of the Hindu Marriage Act before the Family Court, Allahabad, which is registered as Matrimonial Case No. 1427 of 2022. A photocopy of the aforesaid divorce petition signed by both the parties is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court. The parties undertakes to certibed copy of the aforesaid divorce petition shall be produced before the Hon'ble Court on the date fixed.
b) That it has been agreed between the parties that amount of Rs. 5,50,000/- (Rupees Five Lakh Fifty Thousand only) shall be paid by the husband to the wife as a permanent alimony including Stridhan.
c) That on 01.05.2022, the applicant-husband has produced a demand draft bearing no. 980425 dated 29.04.2022 drawn on State Bank of India for Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) wife namely Sangita Devi and the same has been handed over today i.e. 24.07.2022 the wife and she has acknowledged the receipt of the same.
d) That on 03.07.2022, the applicant-husband has produced a demand draft bearing no. 980439 dated 01.07.2022 drawn on State Bank of India for Rs. 1,00,000/- (Rupees One Lakh only) wife namely Sangita Devi and the same has been handed over today L.e. 24.07.2022 the wife and she has acknowledged the receipt of the same.
e) That it has been agreed between the parties that the remaining amount i.e. Rs. 3,00,000/-(Rupees Three Lakh only) shall be paid by Sri Krishna Raj Singh (Applicant No. 1-Husband) to Smt. Sangeeta (O.P. No. 2-Wife) at the time of final judgment in Matrimonial Case No. 1427 of 2022 pending in Family Court, Allahabad by way of demand draft. f) 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.
g) 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.
b) 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. 3602 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 24.7.2022 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
