Allahabad High Court
Harshpal @ Lav And 3 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. - 28645 of 2022
Applicant :- Harshpal @ Lav And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ashish Goyal
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. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complainant Case No. 15955 of 2019 (Smt. Laxmi v. Harshpal alias Lav and others), under Sections 406, 504, 506 I.P.C., P.S. Sikandra, District Agra, pending in the court of A.C.J.M., Court No. 2, Agra.
3. Learned counsel for the applicants submits that this court vide order dated 16.09.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 08.01.2023 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 08.01.2023. Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim settlement Agreements dated 18.12.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have filed a petition u/s 13-B of Hindu Marriage Act before the Family Court, Agra which is registered as Case No. 3403 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. 7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That on 18.12.2022, the applicant-husband has produced a demand draft bearing no. 006509 dated 14.12.2022 drawn on HDFC Bank for Rs. 3,25,000/- (Rupees Three Lakhs Twenty Five Thousand only) in favour of Laxmi Kumari (wife) and the same has been handed over to the wife today i.e. 08.01.2023 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. 4,25,000/- (Rupees Four Lakhs Twenty Five Thousand only) shall be paid by Harshpal @ Lav (Applicant No. 1-Husband) to Smt. Laxmi (O.P. No. 2- Wife) at the time of final judgment in Case No. 3403 of 2022 pending in Family Court, Agra 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. 28645 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 08.01.2023 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
