Allahabad High Court
Shevi Sharma 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. - 26935 of 2021
Applicant :- Shevi Sharma
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Daya Shanker Pandey
Counsel for Opposite Party :- G.A.,Dilip Kumar Goswami
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Daya Shanker Pandey, learned counsel for the applicant; Sri Dilip Kumar Goswami, 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 summoning order dated 21.09.2021, charge sheet dated 25.03.2021 as well as the entire proceedings of Criminal Case No. 28813 of 2021 (State Vs. Shevi Sharma), arising out of Case Crime No. 508 of 2019, under Sections - 498-A, 323, 504 and 506 I.P.C., Police Station - Hathras Kotwali, District - Hathras, pending in the court of C.J.M., Hathras.
3. Learned counsel for the applicant submits that this court vide order dated 07.03.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 20.11.2022 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 20.11.2022. 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, Hathras and the same is registered as Case No. 711 of 2022. The certified copy of the aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the applicant husband shall pay one time settlement amount of Rs. 15,50,000/- (Rupees Fifteen Lakhs Fifty Thousand only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That today i.e. 20.11.2022 the applicant-husband has handed over a demand draft bearing no. 981078 dated 04.11.2022 for Rs. 7,75,000/-(Rupees Seven Lakh Seventy Five Thousand only) drawn on Union Bank of India in favour of PAYAL DUBEY (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. 7,75,000/- (Rupees Seven Lakh Seventy Five Thousand only) shall be paid by Sri Shevi Sharma (Applicant-Husband) to Smt. Payal Sharma (O.P. No. 2-Wife) at the time of final judgment in Case No. 711 of 2022 pending in Family Court, Hathras 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. 26935 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 20.11.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are 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
