Allahabad High Court
Deepanshu Shakya And 3 Others vs State Of U.P Through Secretary ... on 8 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 6899 of 2022
Applicant :- Deepanshu Shakya And 3 Others
Opposite Party :- State Of U.P Through Secretary Home And Another
Counsel for Applicant :- Imran Mabood Khan
Counsel for Opposite Party :- G.A.,Abhishek Tripathi
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Imran Mabood Khan, learned counsel for the applicants; Sri Abhishek Tripathi, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 09.11.2021 as well as the entire proceedings of Criminal Case No. 66 of 2022 (State Vs. Deepanshu Sakya & Ors.), arising out of Case Crime No. 230 of 2021, under Sections - 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Govind Nagar, District - Kanpur Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar.
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 paragraph nos. 7 and 8 of the settlement/agreement dated 22.01.2023. Paragraph nos. 7 and 8 of the said report reads as under:
"7) In view of the Interim Settlement dated 20.11.2022, 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, Kanpur Nagar, which is registered as Case No. 3258/2022. 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. 17,00,000/- (Rupees Seventeen Lakhs Only) to the wife through demand draft drawn in her favour.
c) That on 20.11.2022. Deepanshu Shakya (Applicant No. 1-husband) has produced a demand draft bearing no. 051379 dated 17.11.2022 drawn on State Bank of India for Rs. 07,00,000/- (Rupees Seven Lakhs Only) issued in name of Neha Verma (O.P. No. 2-wife), which was being kept in the file concerned and the same has been handed over to the wife today i.e. 22.01.2023 and she has acknowledged the receipt of the same.
(d) Deepanshu Shakya (Applicant No. 1-husband) has produced a demand draft bearing no. 051491 dated 19.01.2023 drawn on State Bank of India for Rs. 2,00,000/- (Rs. Two Lakh Only) in name of Neha Verma (wife) and the same has been handed over to the wife today i.e. 22.01.2023 and she has acknowledged the receipt of the same.
e) That it has been agreed between the parties that the remaining amount i.e. Rs. 08,00,000/- (Rupees Eight Lakhs Only) shall be paid to Neha Verma (O.P. No. 2-wife) by Deepanshu Shakya (Applicant No. I-husband) at the time of final judgment before the Principal Judge, Family Court, Kanpur Nagar, by way of demand draft of a nationalized bank.
f) 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.
g) 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.
h) 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 Us 482 No. 6899 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 is hereby quashed.
5. In view of the above, the present application is allowed. However, it is left open to the opposite party no.2 to seek recall of this order, if just cause survives.
Order Date :- 8.2.2023
Abhilash
