Allahabad High Court
Deepak Chugh 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. - 1047 of 2021
Applicant :- Deepak Chugh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Kumar Pandey,Gopal Swarup Chaturvedi(Senior Adv.)
Counsel for Opposite Party :- G.A.,Shive Datta Yadav
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Ajay Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and Sri Ram Narayan Singh, holding brief of learned counsel for opposite party no.2.
The present Section 482 Cr.P.C. application has been filed for quashing the charge sheet dated 21.10.2019 and cognizance dated 19.11.2019 as well as the entire proceedings of S.S.T. No. 1493 of 2019 (State vs. Deepak Chugh & others), arising out of Case Crime No. 250 of 2019, under Sections 323, 506, 507, 498A, 354-Ka I.P.C. and Section 7/8 POCSO Act, Police Station-Govind Nagar, District-Kanpur Nagar, pending in the court of A.D.J., Court No. VII, Kanpur Nagar.
Learned counsel for the applicant submits that this court vide order dated 18.1.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 30.7.2022 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 7 and 8 of the settlement/agreement dated 30.7.2022. Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim Settlement Agreement dated 22.06.2022. 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, Kanpur Nagar which is registered as Family Case No. 1786 of 2022. The certified copy of aforesaid divorce petition is being filed herewith to this settlement 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. 65,00,000/- (Rupees Sixty Five Lakh only) to the wife by way of demand draft.
(c) That on 22.06.2022 the applicant-husband has produced a demand draft bearing no. 750985 dated 21.06.2022 for Rs. 5,00,000/- (Rupees Five Lakh only) drawn on Kotak Mahindra Bank in favour of Sonali Chugh (wife) and the same has been handed over today i.e. 30.07.2022 and she has acknowledged the receipt of the same.
(d) That it has been agreed between the parties that the remaining amount i.e. Rs. 60,00,000/- (Rupees Sixty Lakh only) shall be paid by Sri Deepak Chugh (Applicant-Husband) to Smt. Sonali Chugh (O.P. No. 2- Wife) at the time of final judgment in Family Case No. 1786 of 2022 pending in Family Court, Mainpuri 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 it has been agreed between the the parties that the aforesaid two children shall remain in the custody of the O.P. No. 2-wife.
(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. 1047 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 30.7.2022 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
