Allahabad High Court
Sonu @ Jay Prakash And 4 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. - 16549 of 2022
Applicant :- Sonu @ Jay Prakash And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Gauri Shanker Mishra
Counsel for Opposite Party :- G.A.,Atul Kumar Singh
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 entire proceedings of Criminal Case No. 9499 of 2022 (State Vs. Sonu @ Jay Prakash and Others), arising out of Case Crime No. 389 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station - Banna Devi, District Aligarh, including the charge sheet dated 11.01.2022 as well as cognizance/summoning order dated 25.03.2022 passed by Chief Judicial Magistrate, Aligarh,
3. Learned counsel for the applicants submits that this court vide order dated 06.07.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 22.01.2023 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 22.01.2023. Paragraph 7 and 8 of the said report reads as under:
"7. The following settlement has been arrived at between the Parties hereto:-
a) That the parties have stated that a divorce petition u/s 13-B of the Hindu Marriage Act has already been filed before the Family Court, Aligarh, which is registered as Case No. 80/2023. The certified copy of aforesaid divorce petition is 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 a permanent alimony including Stridhan of Rs. 05,00,000/- (Rupees Five Lakh Only) to the wife through demand draft drawn in her favour.
c) That on 18.12.2022, Sonu @ Jay Prakash (Applicant No. 1-husband) has produced a demand draft bearing no. 000890 dated 07.01.2023 drawn on HDFC Bank for Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand Only) issued in name of Shashi Kumari (wife), which was being kept in the file concerned and the same has been handed over to the wife today ie. 22.01.2023 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. 2,50,000/- (Rupees Two Lakh Fifty Thousand Only) shall be paid to Smt. Shashi Devi (O. P. No. 2-wife) by Sonu @ Jay Prakash (Applicant No. 1- husband) at the time of final judgment before the Principal Judge, Family Court, Aligarh, 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. 16549 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 22.01.2023 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*
