Allahabad High Court
Dinesh Kumar Verma @ Dinesh Kumar 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. - 25014 of 2021
Applicant :- Dinesh Kumar Verma @ Dinesh Kumar
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Manish Kumar Pandey,Devi Prasad Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 1844 of 2019 (Smt. Pallavi Vs. Dinesh Verma and another), under Sections - 498A, 323, 504, 506 I.P.C. and 3/4 DP Act, Police Station - Mahila Thana, District - Jhansi, pending in the court of Judicial Magistrate/Civil Judge (JD) FTC (CAW), Jhansi.
3. Learned counsel for the applicant submits that this court vide order dated 09.12.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 10.05.2022 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 7 and 8 of the settlement/agreement dated 10.05.2022 . Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim Settlement Agreement dated 26.04.2022. The following settlement has been arrived at between the Parties hereto;-
1. That the parties have mutually decided to take divorce and in this regard they have filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Jhansi which is registered as Case No. 356 of 2022. The certified copy of aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court.
2. That it has been agreed between the parties that the applicant-husband shall pay a permanent alimony including Stridhan of Rs. 2,25,000/- (Rupees Two Lakh Twenty Five Thousand only) to the wife by way of demand draft.
3. That on 26.04.2022 the applicant-husband has produced a demand draft bearing no. 603709 dated 22.04.2022 for Rs. 1,00,000/- (Rupees One Lakh only) drawn on Bank of India in favour of wife namely Pallavi Arya and the same has been handed over today i.e. 10.05.2022 to the wife and she has acknowledged the receipt of the same.
4. That it has been agreed between the parties that the remaining amount i.e. Rs. 1,25,000/- (Rupees One Lakh Twenty Five Thousand only) shall be paid by Sri Dinesh Kumar Verma @ Dinesh Kumar (Applicant-Husband) to Smt. Pallavi (O.P. No. 2-Wife) at the time of final judgment in Case No. 356 of 2022 pending in Family Court, Jhansi by way of demand draft, the next date fixed 07.11.2022.
5. 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.
6. 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. 25014 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 10.05.2022 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, it is left open to the opposite party no. 2 to seek recall of this order, is just cause survives.
Order Date :- 7.2.2023
Ashutosh
