Allahabad High Court
Jitendra And 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. - 12357 of 2021
Applicant :- Jitendra And Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vimal Chandra
Counsel for Opposite Party :- Radhey Shyam Yadav
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 18.09.2020 as well as the entire proceedings arising out of Case Crime No. 3 of 2020, under Sections - 498-A, 323, 504 and 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Kalan, District - Shahjahanpur, pending in the court of Judicial Magistrate, Jalalabad, Shahjahanpur.
3. Learned counsel for the applicants submits, this Court vide order dated 06.08.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 17.04.2022 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 paragraph nos. 7 and 8 of the settlement/agreement dated 17.04.2022. Paragraph nos. 7 and 8 of the said report reads as under:
"7. In view of the Interim Settlement Agreement dated 27.03.2022. The following settlement has been arrived at between the Parties hereto :-
a) That the parties have mutually decided to take divorce and in this regard they have filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Shahjahanpur which is registered as Case No. 245 of 2022. The certified copy of 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 a permanent alimony including Stridhan of Rs. 2,80,000 - (Rupees Two Lakh Fifty Eighty Thousands only) to the wife by way of demand draft.
c) That today i.e. 17.04.2022 the applicant-husband has handed over a demand draft bearing no. 000209 dated 05.04.2022 for Rs. 1,40,000/- (Rupees One Lakh Forty Thousand only) drawn on HDFC Bank to the wife/O.P. No. 2 and she has acknowledged the receipt of the same.
d) That it has been agreed between the parties that the remaining amount i.e. 1,40,000/-(Rupees One Lakh Forty Thousand only) shall be paid by the Sri Jitendra (Applicant No. 1-Husband) to Sit. Aarti (O.P. No. 2-Wife) at the time of final judgment in Case No. 245 of 2022 pending in Family Court, Shahjahanpur by way of demand draft.
e) That it has also been agreed between the parties that the applicant-husband will return all the utensils, given to him at the time of the marriage, within a week from today.
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 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. 12357 of 2021 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/ Mediation."
4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 17.04.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
5. The present application is allowed, subject to the applicants complying with the terms of settlement agreement noted above.
6. Leave is granted to the opposite party no.2 to seek recall of this order if the terms of the settlement/agreement reached between the parties are not fulfilled.
Order Date :- 6.2.2023
Abhilash
