Allahabad High Court
Jitendra Rao And 2 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. - 14518 of 2022
Applicant :- Jitendra Rao And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sanjay Srivastava
Counsel for Opposite Party :- G.A.,Surendra Kumar
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The applicants in the present application under Section 482 Cr.P.C are seeking quashing of the Charge Sheet dated 14.01.2020 including cognizance order dated 12.10.2020 as well as the entire criminal proceedings of Case No.2335 of 2020 arising out of Case Crime No.173 of 2019, under Sections 498A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Sikanderpur, District Ballia, pending in the Court of Chief Judicial Magistrate, Ballia.
3. Learned counsel for the applicants submits that this court vide order dated 9.6.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 27.11.2022 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 27.11.2022. Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim settlement Agreements dated 13.11.2022, 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, Ballia and the same is registered as Case No. 786 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. 8,00,000/- (Rupees Eight Lakhs only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That on 13.11.2022, the applicant-husband has produced a demand draft bearing no. 684044 dated 09.11.2022 drawn on Union Bank of India for Rs. 4,00,000/- (Rupees Four Lakhs only) in favour of POOJA KUMARI (wife) and the same has been handed over today i.e. 27.11.2022 to the 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. Rs. 4,00,000/- (Rupees Four Lakhs only) shall be paid by Mr. Jitendra Rao (Applicant No. 1-Husband) to Ms. Pooja (O.P. No. 2-Wife) at the time of final judgment in Case No. 786 of 2022 pending in Family Court, Ballia by way of demand draft.
e) 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.
f) 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.
g) 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. 14518 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 27.11.2022 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 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*
