Allahabad High Court
Vinay Yadav And 4 Others vs State Of U.P. And Another on 7 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 28389 of 2021
Applicant :- Vinay Yadav And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ranjeet Asthana
Counsel for Opposite Party :- G.A.,Sunil Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ranjeet Asthana, learned counsel for the applicants; Sri Sunil Kumar Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 12.02.2021 as well as the entire proceedings of Complaint Case No. 3026 of 2020 (Seema Yadav Vs. Vinay Yadav & Ors.), under Section - 498-A I.P.C. and Section 3/4 D.P. Act, Police Station - Devgaun, District - Azamgarh, pending in the court of Judicial Magistrate, FTC (Offence against Women), Civil Court, Azamgarh.
3. Learned counsel for the applicants submits that this court vide order dated 14.03.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 27.11.2022 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 paragraph nos. 7 and 8 of the settlement/agreement dated 27.11.2022. Paragraph nos. 7 and 8 of the said report reads as under:
"7) In view of the interim Settlement dated 06.11.2022, the following settlement has been arrived at between the Parties hereto:-
a) The parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Azamgarh, which is registered as Case No. 1326/2022. The certified copy of aforesaid divorce petition is being annexed to this settlement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the husband shall pay an amount of Rs. 7,50,000/- (Rupees Seven Lakh Fifty Thousand Only) as permanent alimony including Stridhan to the wife and maintenance and after receiving this amount, she shall not entitled to claim any further maintenance of any nature whatsoever from the husband and his family member in any manner whatsoever under any circumstances nor she shall stake any claim in the property of Applicant or his family members under any circumstances or under any law.
c) That on 06.11.2022, Shri Vinay Yadav (Applicant No. 1-husband) has produced a demand draft bearing no. 708806 dated 02.11.2022, drawn on Union Bank of India for Rs. 3,50,000/- (Three Lakh Fifty Thousand Only) issued in the name of Sima Yadav (wife), which was being kept in the file concerned and the same shall be handed over to the wife today i.e. 27.11.2022 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. 4,00,000/- (Four Lakhs Only) shall be paid to Smt. Seema Yadav (O. P. No. 2-wife) by Shri Vinay Yadav (Applicant No. 1-husband) at the time of final judgment before the Principal Judge, Family Court, Azamgarh, by way of demand draft of a nationalized bank.
e) That it has been agreed between the parties that the 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 the parties further agreed that they shall not file any fresh case/ complaint against each other regarding present matrimonial dispute in any manner whatsoever.
g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement, otherwise the aggrieved party will be free to take legal recourse.
8.-By signing this Agreement the Parties hereto state that the APPLICATION Us 482 No. 28389 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 27.11.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
5. 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 :- 7.2.2023
Abhilash
