Allahabad High Court
Ajeet @ Dara And 6 Others 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. - 23327 of 2021
Applicant :- Ajeet @ Dara And 6 Others
Opposite Party :- State Of U.P Thru Secretary Home Govt. Up. Lknw. And Anr.
Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar 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 petition has been filed for quashing of the summoning order dated 19.03.2021 in complaint case no. 1084 of 2020 and case no. 74 of 2020, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Bijnor.
3. Learned counsel for the applicant submits that this court vide order dated 4.5.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 23.11.2022 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 7 and 8 of the settlement/agreement dated 23.11.2022. Paragraph 7 and 8 of the said report reads as under:
"7) In view of the interim Settlement dated 09.11.2022, the following settlement has been arrived at between the Parties hereto:-
a) The parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Bijnor, which is registered as Case No. 1037/2022. The certified copy of aforesaid divorce petition and order-sheet are being annexed to this settlement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the husband shall pay an amount of Rs. 1,75,000/- (Rupees One Lakh Seventy Five Thousand Only) as permanent alimony including Stridhan to the wife and maintenance and after receiving this amount, she shall not entitled to claim any further maintenance of any nature whatsoever from the husband and his family member in any manner whatsoever under any circumstances nor she shall stake any claim in the property of applicant or his family members under any circumstances or under any law.
c) That on 09.11.2022, the applicant no. 1-husband has produced a demand draft bearing no. 623118 dated 05.11.2022, drawn on State Bank of India for Rs. 1,00,000/- (One Lakh Only) issued in the name of Madhu Bala (wife), which was being kept in the file concerned and the same shall be handed over to the wife today i.e. 23.11.2022 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. 75,000/- (Seventy Five Thousand Only shall be paid to Smt. Madhubala (O. P. No. 2-wife) by Shri Ajeet @ Dara (Applicant No. 1-husband) at the time of final judgment before the Principal Judge, Family Court, Bijnor, by way of demand draft of a nationalized bank.
e) That it has been agreed between the parties that the 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 further agreed that they shall not file any fresh case/ complaint against each other regarding present matrimonial dispute in any manner whatsoever.
g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement, 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. 23327 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 23.11.2022 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.
Order Date :- 7.2.2023
SA
