Allahabad High Court
Govendra And 4 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. - 2551 of 2021
Applicant :- Govendra And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shiv Naresh,Shiv Naresh
Counsel for Opposite Party :- Ranjeet Singh,Atul Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Ranjeet Singh, learned counsel for opposite party no.2.
The present Section 482 Cr.P.C. application has been filed for quashing the charge-sheet dated 27.09.2020 in Case No.3523 of 2020 (State Vs. Govendra and others) arising out of Case Crime No.320 of 2020, under Sections 498A, 323, 506, 354 I.P.C. & 3/4 D.P. Act, P.S.-Jawan, District Aligarh, pending in the court of Additional Chief Judicial Magistrate, Court No.6, Aligarh.
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 22.1.2023 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 22.1.2023. Paragraph 7 and 8 of the said report reads as under:
"7. The following settlement has been arrived at between the Parties hereto:-
a) That the O.P. No. 2 stated that his correct name is Laxmi' instead of '[email protected] Rekha' as mentioned in memo of party of the present case.
b) the parties have decided to take divorce mutually and in this regard they have filed a petition u/s 13-B of Hindu Marriage Act, registered as Divorce Petition No. 2241 of 2022 before Family Court, Aligarh. The aforesaid divorce petition includes all the terms and conditions settled between the parties. The certified copy of the aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court.
c) That it has been agreed between the parties that the husband shall pay an amount of Rs. 2,75,000/- (Rupees Two Lakhs Seventy Five Thousand only) to the wife which includes permanent alimony and Stridhan by way of Demand Draft in two installments.
d) That earlier it has been agreed between the parties that the husband shall pay an amount of Rs. 1,30,000/- (Rupees One Lakh Thirty Thousand only) to the O.P. No. 2-wife before the Mediation Centre and the remaining amount of Rs. 1,45,000/- (Rupees One Lakh Forty Five Thousand only) shall be paid at the time of final judgment of the aforesaid divorce petition. Due to some unavoidable circumstances the husband has handed over three demand drafts of total amount of Rs. 1, 20,000/- only to the wife today i.e. 22.01.2023 and she has acknowledges the receipt of the same. The remaining amount of Rs. 10,000/- shall be paid alongwith aforesaid amount of Rs. 1,45,000/-, as such the applicant-husband shall now pay an amount of Rs. 1,55,000/- (Rupees One Lakh Fifty Five Thousand only) to the wife in place of Rs. 1,45,000/-. The details of aforesaid three demand drafts are as under:-
Sl No
Demand Draft No.
Amount
Issuing Bank
1.
001223
Rs.50,000/-
Bank of India
2.
001226
Rs.50,000/-
Bank of India
3.
001430
Rs.20,000/-
Bank of India
d) That it has been agreed between the parties that the remaining amount i.e. Rs.1,55,000/- (Rupees One Lakh Fifty Five Thousand only) shall be paid by Mr. Govendra (Applicant No.1 Husband) and Ms. Laxma @ Rekha (O.P. No.2-Wife) at the time of final judgment in aforesaid Divorce Petition No.2441 of 2022 pending in Family Court, Aligarh 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 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.
g) 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. 2551 of 2021 and all dispute 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 22.1.2023 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
