Allahabad High Court
Paritosh Kaushik 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. - 2437 of 2021
Applicant :- Paritosh Kaushik
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Daya Shanker Pandey,Ashwini Kumar Awasthi,Atharva Dixit,Manish Tiwary(Senior Adv.)
Counsel for Opposite Party :- G.A.,Rajesh Kumar Kanojia,Swetashwa Agarwal
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Abheesh Jaiswal, holding brief of learned counsel for the applicants, learned A.G.A. for the State and Sri Rajesh Kumar Kanojia, learned counsel for opposite party no.2.
The present Section 482 Cr.P.C. application has been filed for quashing the charge sheet dated 06.08.2020 and summoning order dated 21.08.2020 as well as the entire proceedings in Case No. 8143 of 2020 (State Vs. Paritosh Kaushik) arising out of Case Crime No. 03 of 2020, under Sections 498A, 323, 307, 377, 504, 406 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Pallavpuram, District- Meerut.
Learned counsel for the applicants submits that this court vide order dated 17.2.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 22.5.2022 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 7 and 8 of the settlement/agreement dated 22.5.2022. Paragraph 7 and 8 of the said report reads as under:
"The following settlement has been arrived at between the Parties hereto:-
a) That the parties have decided to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Meerut, which is registered as Case No. 1211 of 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 a permanent alimony including Stridhan of Rs. 20,00,000/- (Rupees Twenty Lakh only) to the wife through demand draft drawn in her favour. For the aforesaid purpose today i.e. 22.05.2022, the applicant-husband has handed over two demand drafts to the wife through demand draft bearing nos. 115435 & 115437 dated 29.04.2022 & 09.05.2022 both drawn on Bank of Baroda both for Rs. (Rupees Five Lakh only) amounting Rs. 10,00,000/- (Rs. Ten Thousand Only) issued in name of Aditi Pachauri (O. P. No. 2-wife) and she has acknowledged the receipt of the same.
c) That it has been agreed between the parties that the remaining amount i.e. Rs. 10,00,000/- (Rupees Ten Lakh Only) shall be paid to Smt. Aditi Pachauri (O.P. No. 2-wife) by Shri Paritosh Kaushik (Applicant-husband) at the time of final judgment before the Principal Judge, Family Court, Meerut, by way of demand draft of a nationalized bank.
d) That it has been agreed between the parties that all 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.
e) That it has also been agreed between the parties that they will not file any case/ complaint against each other regarding the present matrimonial dispute in future also.
f) 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.
g) That it is agreed between the parties that, o. p. no.2-wife shall have no objection if the Hon'ble Court pleases to allow the Application U/S 482 No.3103 of 2021.
8.-By signing this Agreement the Parties hereto state that the APPLICATION U/s 482 No. 2437 of 2021 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 22.5.2022 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
