Allahabad High Court
Smt. Asha Gupta 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. - 22655 of 2021
Applicant :- Smt. Asha Gupta And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Nitinjay Pandey
Counsel for Opposite Party :- G.A,Arjun Singh Solanki
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Nitinjay Pandey, learned counsel for the applicants; Sri Arjun Singh Solanki, 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 cognizance order dated 18.08.2021, charge sheet dated 10.07.2021 as well as the entire proceedings of Criminal Case No. 6982 of 2021 (State Vs. Amit Gupta & Ors.), arising out of Case Crime No. 88 of 2021, under Sections - 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Sidhpura, District - Kasganj, pending in the court of C.J.M., Kasganj.
3. Learned counsel for the applicants submits that this court vide order dated 05.04.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 12.10.2022 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 12.10.2022. 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 live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Etah and the same is registered as Case No. 466 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 photocopy of the aforesaid divorce petition is being filed herewith to this settlement for kind perusal of the Hon'ble Court. The parties and their counsel undertake to produce certified copy the aforesaid divorce petition before the Hon'ble Court at the time of hearing.
b) That it has been agreed between the parties that the husband shall pay one time settlement amount of Rs. 10,00,000/- (Rupees Ten Lakh only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That on 28.09.2022, the husband has produced a demand draft bearing no. 009936 dated 27.09.2022 drawn on HDFC Bank for Rs. 5,00,000/- (Rupees Five Lakh onlv) in favour of Srashti Gupta (wife) and the same has been handed over today i.e. 12.10.2022 to the 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. 5,00.000/-(Rupees Five Lakh only) shall be paid by Sri Amit Prakash Gupta (Husband) (S/o-Applicant No. 1) to Smt. Srashti Gupta (Wife) (D/o-O.P. No. 2) at the time of final judgment in Case No. 466 of 2022 pending in Family Court, Etah 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. 22655 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 12.10.2022 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
