Allahabad High Court
Abhishek Yadav @ Abhishek Kumar ... 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. - 18774 of 2020
Applicant :- Abhishek Yadav @ Abhishek Kumar Singh And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shishir Kumar Dwivedi,Chandra Prakash Pal
Counsel for Opposite Party :- G.A.,Mahesh Dwivedi,Saroj Kumar Yadav,Vinayak Varma
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 order dated 05.02.2020 passed by Additional Chief Judicial Magistrate, Ghazipur in Criminal Complaint Case No. 2350 of 2019 (Mahima Yadav vs Abhishek Yadav and others), under sections 498-A, 495, 323, 504, 506 IPC and section 3/4 of Dowry Prohibition Act.
Learned counsel for the applicants submits that this court vide order dated 17.12.2020 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 21.7.2022 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 and 7 of the settlement/agreement dated 21.7.2022. Paragraph 6 and 7 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. Abhishek Yadav @ Abhishek Kumar Singh, husband (Applicant No. 1) and Smt. Mahima Yadav, wife (O.P. No. 2) was solemnized on 19.05.2019. Out of the aforesaid wedlock partics have no issue. Due to strained relationship the parties have been living separately since 08.09.2019.
b) That Mr. Abhishek Yadav @ Abhishek Kumar Singh, husband (Applicant No. 1) and Smt. Mahima Yadav, 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 of Rs.9.25 Lakhs (Rupees nine lakhs twenty five thousand only) to the wife in 2 installments.
c) That today the husband has produced demand drafts of Rs 05 Lakhs (Rupees five lakhs only, (1st Installment) bearing No. 508126 dated 11.07.2022 issued by Union Bank of India drawn wife today and she has acknowledged the receipt in favour of wife has been handed over to the of the same.
d) That as agreed parties have filed a mutual divorce petition No. 428/22 under section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court, Gazipur and produced the certified copy of the same which is annexed to this Settlement Agreement.
e) That it has been agreed between the parties that the remaining amount Rs 4.25 Lakhs (Rupees four lakhs twenty 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.
f) That hereafter parties shall have no further claim/complaint against each other of any nature with regard to the present case.
g) That it has been agreed between the parties that the all Criminal and Civil cases filed by them or their family members against each other shall be set a side/withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month from this Settlement Agreement.
h) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement.
7. By signing this Agreement the Parties hereto state that they have no further claim against each other with respect to Application U/S 482 No. 18774 of 2020 disputes and differences in this regard have been amicably settled by the 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 21.7.2022 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
