Allahabad High Court
Lalit Kumar And 5 Others vs State Of U.P. And Another on 8 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 16878 of 2022
Applicant :- Lalit Kumar And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Subodh Kumar Rai,Ravi Sahu
Counsel for Opposite Party :- G.A.,Gaurav Singh Tomar,Rajiv Dwivedi
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 with a prayer to quash the charge sheet No. 1 dated 31.7.2019, cognizance order dated 25.9.2019 as well as entire proceedings of Case No. 1080 of 2019 (State vs. Lalit Kumar Chaturvedi and others) arising out of Case Crime No. 0290 of 2019, under Sections 498-A, 323, 506 IPC and 3/4 D.P. Act, police station Jalaun, district Jalaun.
3. Learned counsel for the applicants submits that this court vide order dated 26.07.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 08.12.2022 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 08.12.2022. Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim settlement Agreements dated 03.11.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have settled their dispute and decide 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, Kanpur Dehat and the same is registered as Case No. 1022 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.
b) That it has been agreed between the parties that the applicant-husband shall pay one time settlement amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That today i.e. 08.12.2022 the applicant-husband has handed over a demand draft bearing no. 730748 dated 14.11.2022 for Rs. 5,00,000/- (Rupees Five Lakhs only) drawn on State Bank of India in favour of MANDAKINI DWIVEDI (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 Lakhs only) shall be paid by Sri Lalit Kumar Chaturvedi @ Lalit Kumar (Applicant No. 1-Husband) to Smt. Mandakani (O.P. No. 2-Wife) at the time of final judgment in Case No. 1022 of 2022 pending in Family Court, Kanpur Dehat by way of demand draft.
e) That the parties shall move withdrawal application in the case filed by them against each other. The details of the cases are as under:-
i. Case No. 145 of 2021, filed u/s 125 Cr.P.C.
ii. Case No. 72 of 2019, filed u/s 17, 18, 19, 20, 22 of D.V. Act pending in the Court of J.M. Jalaun.
iii. Case No. 1998 of 2022 arising out of Case Crime No. 0055 of 2021 under Section 323, 504, 506 1.P.C. Pending in the Court of J.M. Jalaun.
iv. Complaint Case No. 50456 of 2021 pending in the court of J.M. Akbarpur, District Kanpur Dehat.
f) 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.
g) 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.
h) 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. 16878 of 2022 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 08.12.2022 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 applicants 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 :- 8.2.2023
SA/Abhilash*
