Allahabad High Court
Saurabh Kansauriya And 3 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. - 12839 of 2021
Applicant :- Saurabh Kansauriya And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Piyush Kumar Shukla
Counsel for Opposite Party :- G.A.,Rajesh Kumar Dubey
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 Case No. 317 of 2021, case crime no. 468 of 2020, under sections 498-A, 323, 504, 506 I.P.C. and 3/4 of D.P. Act P.S. Navabad, District Jhansi pending in the court of C.J.M, Jhansi.
Learned counsel for the applicants submits that this court vide order dated 24.8.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 20.11.2022 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 20.11.2022. Paragraph 7 and 8 of the said report reads as under:
"In view of the Interim Settlement Agreements dated 14.10.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have settled their dispute and decide live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Jhansi and the same is registered as Case No. 1115 of 2022. The certified copy of the aforesaid divorce petition is being annexed to this settlement- agreement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the applicant-husband shall pay one time settlement amount of Rs. 7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That on 14.10.2022, the applicant-husband has produced a demand draft bearing no. 019032 dated 13.10.2022 for Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) drawn on HDFC Bankin favour of MOHINI PATWA (wife) and the same has been handed over today i.e. 20.11.2022 to the wife and she has acknowledged the receipt of the same.
d) That today i.e. 20.11.2022 the applicant-husband has handed over another demand draft bearing no. 445134 dated 19.11.2022 for Rs. 2,00,000/- (Rupees Two Lakh only) drawn on State Bank of India in favour of MOHINI PATWA (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. 4,00,000/- (Rupees Four Lakh only) shall be paid by Sri Saurabh Kansauriya (Applicant No. 1-Husband) to Smt. Mohani (O.P. No. 2-Wife) at the time of final judgment in Case No. 1115 of 2022 pending in Family Court, Jhansi 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.
h) 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. 12839 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 20.11.2022 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
