Allahabad High Court
Vikas Bansal And Another vs State Of U.P Thru Secretary Home ... on 7 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 29573 of 2021
Applicant :- Vikas Bansal And Another
Opposite Party :- State Of U.P Thru Secretary Home Lknw. And Another
Counsel for Applicant :- Pankaj Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard 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 09.09.2021 as well as the entire proceedings of Complaint Case No. 3153 of 2018 (Smt. Neha Vs. Vikas Bansal & Ors.), under Sections - 498-A, 323, 504 and 506 I.P.C. and Section 3/4 D.P. Act, Police Station - New Agra, District - Agra, pending in the court of A.C.J.M., Court No.3, Agra.
3. Learned counsel for the applicants submits that this court vide order dated 19.04.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 15.09.2022 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 15.09.2022. Paragraph nos. 7 and 8 of the said report reads as under:
"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, Agra and the same is registered as Case No. 2208 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. The parties state that all the terms and conditions of the settlement has also seen mentioned in aforesaid divorce petition, which forms a part of the settlement.
b) That it has been agreed between the parties that the applicant-husband shall pay one time settlement amount of Rs. 22,00,000/- (Rupees Twenty Two Lakh only) which includes permanent alimony and Stridhan of the wife and maintenance of son of O.P. No. 2 by way of Demand Draft. Out of aforesaid agreed amount, an amount of Rs. 10,00.000/ (Rupees Ten Lakh only) has handed over by the applicant-husband before the Family Court. Agra through demand drafts bearing Nos. 000061 & 000062 dated 18.08.2022 and 20.08.2022. A.U. Small Finance Bank and she has acknowledged the receipt of the same.
c) That it has been agreed between the parties that the remaining amount i.e. Rs. 12,00,000/- (Rupees Twelve Lakh only) shall be paid by Sri Vikas Bansal (Applicant No. 1-Husband) and Smt. Neha Bansal (O.P No. 2-Wife) at the time of final judgment in Marriage Case No. 2208 of 2022 pending in Family Court, Agra by way of demand draft.
d) 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.
e) 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.
f) 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. 29573 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 15.09.2022 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
