Allahabad High Court
Deepak Mishra 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. - 17624 of 2022
Applicant :- Deepak Mishra
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sunil Kumar Srivastava
Counsel for Opposite Party :- G.A.,Shailendra Kumar Tripathi,Sujit Kumar Tripathi
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant 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 Complaint Case No. 4463 of 2019 (Neha Mishra Vs. Dipak Mishra and others), arising out of Complaint No. 677 of 2019, under Sections- 498A, 323, 504, 506 I.P.C., Police Station- Bewar, District- Mainpuri, pending in the court of Chief Judicial Magistrate, Mainpuri.
3. Learned counsel for the applicant submits that this court vide order dated 14.07.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 16.11.2022 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 16.11.2022. Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim Settlement Agreement dated 02.11.2022. The following settlement has been arrived at between the Parties hereto:-
a) That the parties have settled their dispute and decide live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Mainpuri and the same is registered as Case No. 848 of 2022. The certified copy of the aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of Hon'ble Court.
b) That it has been agreed between the parties that the applicant-husband shall pay one time settlement amount of Rs. 7,00,000/- (Rupees Seven Lakh only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That on 02.11.2022, the applicant-husband has produced a demand draft bearing no. 684932 dated 15.10.2022 drawn on HDFC Bank for Rs. 3,50,000/- (Rupees Three Lakh Fifty Thousand only) in favour of NEHA MISHRA D/O SANJEEV KUMAR MISHRA (wife) and the same has been handed over today i.e. 16.11.2022 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. 3,50,000/- (Rupees Three Lakhs Fifty Thousand only) shall be paid by Mr. Deepak Mishra (Applicant -Husband) to Ms. Neha Mishra (O.P. No. 2-Wife) at the time of final judgment in Case No. 848 of 2022 pending in Family Court, Mainpuri 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. 17624 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 16.11.2022 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 applicant complying with the terms of settlement agreement noted above.
6. However, it is left open to the opposite party no. 2 to seek recall of this order, is just cause survives.
Order Date :- 8.2.2023
Ashutosh
