Allahabad High Court
Pranesh Tripathi And 3 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. - 27949 of 2021
Applicant :- Pranesh Tripathi And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Dinesh Kumar Mishra,Dinesh Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Dinesh Kumar Mishra, 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 summoning order dated 09.11.2021 as well as the entire proceedings of Complaint Case No. 645 of 2019, under Sections - 498-A, 323 I.P.C. and Section 3/4 D.P. Act, Police Station - Ghoorpur, District - Allahabad, pending in the court of Judicial Magistrate, Court No.3, Allahabad.
3. Learned counsel for the applicants submits that this court vide order dated 25.05.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 07.09.2022 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 07.09.2022. Paragraph nos. 7 and 8 of the said report reads as under:
"7. The following settlement has been arrived at between the Parties hereto:-
a) That the parties have already settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Allahabad and the same is registered as Case No. 1775 of 2022. The parties stated that all the terms and conditions of the settlement has also been mentioned in aforesaid divorce petition, which forms a part of the settlement. The certified copy of the 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. 4,00,000/- (Rupees Four Lakh only) to the wife through demand draft drawn in her favour.
c) That today i.e. 07.09.2022 the applicant-husband has handed over a demand draft bearing no. 001095 dated 01.09.2022 for Rs. 2,00,000/- (Rupees Two Lakh only) drawn on IDBI Bank in favour of Kalyani Pandey (wife) 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. 2,00,000/- (Rupees Two Lakh only) shall be paid by Sri Pranesh Tripathi (Applicant No. 1-Husband) and Smt. Kalyani Devi (O.P. No. 2-Wife) at the time of final judgment in Matrimonial Case No. 1775 of 2022 pending in Family Court, Allahabad 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 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.
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. 27949 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 07.09.2022 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
