Allahabad High Court
Avinash Prajapati And 5 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. - 29895 of 2021
Applicant :- Avinash Prajapati And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ram Chandra
Counsel for Opposite Party :- G.A.,Prem Chand Pandey
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant, Sri Prem Chand Pandey, 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 with a prayer to quash the charge sheet dated 31.10.2020 in pursuance of F.I.R. dated 09.10.2020 registered as Case Crime No. 0423 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Khuldabad, District Prayagraj pending in the Court of Additional Chief Judicial Magistrate, Court No. 7, Allahabad as Criminal Case No. 637 of 2021 as well as the order dated 05.10.2021 taking cognizance of the offence, with a further prayer to stay the proceedings of the aforesaid criminal case.
3. Learned counsel for the applicant submits that this court vide order dated 16.3.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 6.11.2022 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 para 6 and 7 of the settlement/agreement dated 6.11.2022. Paragraph 6 and 7 of the said report reads as under:
"6. In view of the Interim Settlement dated 23.09.2022, the following settlement has been arrived at between the Parties hereto:-
a) That Interim Settlement dated 23.09.2022 is part and parcel of this Settlement Agreement.
b) That as per Interim Settlement, Sri Avinash Prajapati, husband (Applicant No. 1) and Smt. Shivani Prajapati, wife (D/o 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 Rs. 08 Lakhs (Rupees eight lakhs only) to the wife.
c) That during the Interim Settlement, the husband had produced a demand draft of Rs 03 Lakhs (Rupees 03 Lakhs only) bearing No. 074715 dated 12.09.2022 issued by Bank of Baroda drawn in favour of wife kept in Mediation file, which was to be handed over to the wife after filing of 13 B of H.M.A.
d) That as agreed parties have filed a mutual divorce petition No. 2186/2022 under section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court, Allahabad and produced the certified copy of the same which is annexed to this Settlement Agreement for kind perusal of the Court.
e) That as per Interim Settlement, it was agreed between the parties that the remaining amount Rs 05 Lakhs (Rupees five 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, but the Family Court has handed over this amount of Rs. 05 Lakhs to the Smt. Shivani Prajapati, wife (D/o O.P. No. 2) at the time of filing of 13 B. Whereas as per para 8 of 13 B bank draft has been deposited in the Family Court but actually this amount has been released to the wife. The wife has acknowledged this fact at the Mediation Centre today also.
f) That during the Interim Settlement, the husband had produced a demand draft of Rs 03 Lakhs (Rupees 03 Lakhs only) bearing No. 074715 dated 12.09.2022 issued by Bank of Baroda drawn in favour of wife kept in Mediation file, which was to be handed over to the wife after filing of 13 B of H.M.A. has been returned to the husband. Now he shall handover this amount 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.
g) That hereafter parties have no further claim against each other of any nature with regard to the present case and will not litigate in future against each other with regard to the present case.
h) That it has been agreed between the parties that the all Criminal and Civil cases filed by them or their family members against each other shall be set a side withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month from this Settlement Agreement.
i) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement and also not litigate in future in connection with this case.
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. 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 6.11.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
5. The present application is allowed, subject to the applicant complying with the terms of settlement agreement noted above.
6. However, if is left open to the opposite party no. 2 to seek recall of this order, if just cause survives.
Order Date :- 7.2.2023
SA
