Allahabad High Court
Puneet Mishra 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. - 14499 of 2022
Applicant :- Puneet Mishra And 4 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ajeet Kumar Baranwal,Dibya Baranwal
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash/stay the summoning/cognizance order dated 28.04.2022, passed by Civil Judge (Jr. Division)/Judicial Magistrate, Auraiya as well as entire proceeding of Complaint Case No.685 of 2021 (Smt. Kirti Vs. Puneet Mishra & others), under Sections 498A, 323, 354 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Ajitmal, District-Auraiya, pending in the Court of Civil Judge (J.D.)/Judicial Magistrate, Auraiya.
3. Learned counsel for the applicants submits that this court vide order dated 05.07.2022 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 6 and 7 of the settlement/agreement dated 22.01.2023. Paragraph 6 and 7 of the said report reads as under:
"6. In view of the Interim Settlements dated 27.11.2022 and 18.12.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Mr. Puneet Mishra, husband (Applicant No. 1) and Smt. Kirti, wife (O.P. No. 2) was solemnized on 18.02.2018. Out of the aforesaid wedlock parties have no issue. Due to strained relationship the parties have been living separately
since the month of August 2018.
b) That as per Interim Settlements Mr. Puneet Mishra, husband (Applicant No. 1) and Smt. Kirti, wife (O.P. No. 2) have decided to take mutual divorce on the condition that the husband will pay a permanent (one time) alimony including Stridhan and maintenance Rs. 09 Lakhs (Rupees nine lakhs only) to the wife in 3 installments.
c) That during the Interim Settlements the husband had produced a produce a demand draft of Rs 03 Lakhs (Rupees three lakhs only, (1st Installment) bearing No. 001332 dated 15.12.2022 issued by Axis Bank duly drawn in favour of wife kept in the Mediation file has been handed over to her today and she acknowledges the receipt of the same.
d) That as agreed parties have filed a mutual divorce petition No. H.M.A. No. 11/2023 under section 13-B of Hindu Marriage Act, Principal Judge of Family Court, Auriya and produced the certified copy of the same which is annexed to this Settlement Agreement. Simultaneously the husband has also handed over 2 installment of alimony Rs. 1.50 Lakhs to the wife at the time of filing of 13 B in the Family Court.
e) That it has been agreed between the parties that the remaining amount Rs 4.50 Lakhs (Rupees four lakhs fifty thousand only, (Installment) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgment of mutual divorce petition in the family court.
f) That hereafter parties have no further claim against each other of any nature with regard to the present case and will also not litigate in future against each other with regard to the present case.
g) That it has been agreed between the parties that the all Criminal and Civil cases filed by them or their family members against each other shall be set a side/withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month from this Settlement Agreement.
h) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement and also not litigate in future in connection with this case.
7. By signing this Agreement the Parties hereto state that they have no further claim against each other with respect to APPLICATION U/S 482 No. 14499 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*
