Allahabad High Court
Mayank Dwivedi And 2 Others vs State Of U.P And Others on 6 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 13730 of 2021
Applicant :- Mayank Dwivedi And 2 Others
Opposite Party :- State Of U.P And Others
Counsel for Applicant :- Vijit Saxena,Kuldeep Saxena
Counsel for Opposite Party :- G.A.,Aditya Sharma,Rajneesh Sharma,Randhir Jain
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 charge-sheet dated 25.08.2019, cognizance order dated 28.11.2019, Case Crime No. 187 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Sasni Gate, District Aligarh, pending in the court of learned Additional Chief Judicial Magistrate IInd, Aligarh
Learned counsel for the applicants submits that this court vide order dated 5.8.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 26.7.2022 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 6 of the settlement/agreement dated 26.7.2022. Paragraph 6 of the said report reads as under:
"6. The following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Mr. Mayank Dwivedi, husband (Applicant No. 1) and Smt. Kritika Gaur, wife (O.P. No. 2) was solemnized on 30.01.2015. Out of the aforesaid wedlock parties have a son Bhavya, 05 years of age. Due to strained relationship the parties have been living separately since 17.01.2018.
b) That parties have appeared before Mediation Centre and stated to the mediators that dispute between them is irreconcilable, hence they have decided to take mutual divorce.
c) That Mr. Mayank Dwivedi, husband (Applicant No. 1) and Smt. Kritika Gaur, wife (O.P. No. 2) have decided to take mutual divorce on the condition that the husband will pay a permanent (one time) alimony including Stridhan and maintenance of son Bhavya Rs. 7.15 Lakhs (Rupees seven lakhs fifteen thousand only) to the wife in 2 installments.
d) That today the husband has produced a demand draft of Rs 3.50 Lakhs (Rupees three lakhs fifty thousand only, (1st Installment) bearing No. 619814 dated 20.07.2022 issued by SBI drawn in favour of wife which is being kept in the Mediation file and shall be handed over to the wife after filing of 13 B of Hindu Marriage Act.
e) That the parties shall file a mutual divorce petition under section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court, Aligarh within a week from today and produce the certified copy of the same on the next date of mediation i.e. 16.08.2022.
f) That it has been agreed between the parties that the remaining amount Rs 3.65 Lakhs (Rupees three lakhs sixty five thousand only, (2nd Installment) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgment of mutual divorce petition in the family court.
g) That it has also been agreed between the parties that all the cases filed by them against each other shall be kept in abeyance/not press during this intervening period."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 26.7.2022 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
