Allahabad High Court
Maneesh Kumar @ Manish 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. - 17726 of 2020
Applicant :- Maneesh Kumar @ Manish And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abhitab Kumar Tiwari
Counsel for Opposite Party :- G.A.
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 charge-sheet no. 102 of 2019 dated 18th July, 2019, taking cognizance order dated 13th August, 2020 as well as the entire proceedings of Criminal Case No. 721 of 2020 (State Vs. Girish Sharma), arising out of Case Crime No. 31 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Binauli, District-Baghpat.
Learned counsel for the applicants submits that this court vide order dated 2.12.2020 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 23.4.2022 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 23.4.2022. Paragraph 6 and 7 of the said report reads as under:
"6. In view of the Interim Settlement dated 08.04.2022, the following settlement has been arrived at between the Parties hereto:-
a) That Interim Settlement dated 08.04.2022 is part of this Settlement Agreement.
b) That as per Interim Settlement, Mr. Maneesh Kumar @ Manish, husband (Applicant No. 1) Smt. Sarvesh @ Anjali, 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. 04 Lakhs (Rupees four lakhs only) to the wife in 2 installments.
c) That on 08.04.2022 the husband has produced. Demand demand drafts of Rs 02 Lakhs (Rupees two lakhs only, (1st Installment) bearing No. 276379 dated 06.04.2022 issued by SBI drawn in favour of wife kept in the Mediation file have been handed over to the her today and she has acknowledges the receipt of the same.
d) That as agreed parties have filed a mutual divorce petition No. 187/22 under section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court, Bagpat 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. 02 Lakhs (Rupees two lakhs only, ( 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 thereafter parties shall have no further claim against each other of any nature with regard to the present case.
g) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement.
h) That it has been agreed between the parties that following cases shall be withdrawn by them within one month from this Settlement Agreement :-
(i) Case No. 29/2019 (Sarvesh alias Anjali Vs Manish) u/s 125 Crpc pending in the Family Court Baghpat.
(ii) Case No. 1900/2019 (Smt. Sarvesh Vs Subhash) u/s 323, 406, 504, 506 I.P.C. the Court of ACJM/FTC Bagpat
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. 17726 of 2020 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 23.4.2022 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
