Allahabad High Court
Parth Pachauri 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. - 15830 of 2022
Applicant :- Parth Pachauri
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Virendra Pratap Pal
Counsel for Opposite Party :- G.A.,Arvind Kumar Tiwari
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Virendra Pratap Pal, learned counsel for the applicant; Sri Arvind Kumar Tiwari, 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 summoning order dated 11.01.2022 as well as the entire proceedings of Complaint Case No. 159 of 2021 (Smt. Nitika Pachauri Vs. Parth Pachauri & Ors.), under Section - 498-A I.P.C., Police Station - Rakabganj, District - Agra, pending in the court of Civil Judge (Jr. Div.)/F.T.C./Judicial Magistrate, Agra.
3. Learned counsel for the applicant submits that this court vide order dated 27.06.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 04.12.2022 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 paragraph nos. 7 and 8 of the settlement/agreement dated 04.12.2022. Paragraph nos. 7 and 8 of the said report reads as under:
"7. In view of the interim Settlement dated 13.11.2022, the following settlement has been arrived at between the Parties hereto: -
a) The parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Agra, which is registered as Case No. 3077/2022 in which next date is fixed as 07.04.2023 and 22.05.2023. The certified copy of aforesaid divorce petition and order-sheet are 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 an amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) as permanent alimony including Stridhan to the wife and maintenance and after receiving this amount, she shall not entitled to claim any further maintenance of any nature whatsoever from the husband and his family member in any manner whatsoever under any circumstances nor she shall stake any claim in the property of applicant or his family members under any circumstances or under any law.
c) That on 13.11.2022, Shri Parth Pachauri (Applicant-husband) has produced a demand draft bearing no. 942084 dated 03.11.2022, drawn on State Bank of India for Rs. 8,00,000/-(Eight Lakh Only) issued in the name of Nitika Gaur (wife), which was being kept in the file concerned and the same has been handed over to the wife today i.e. 04.12.2022 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. 7,00,000/- (Rs. Seven Lakh Only) shall be paid to Smt. Nitika Pachauri (O. P. No. 2-wife) by Shri Parth Pachauri (Applicant-husband) at the time of final judgment before the Principal Judge, Family Court, Agra, by way of demand draft of a nationalized bank.
e) That it has also been agreed between the parties that all the cases if any civil or criminal case is pending between the parties against each other regarding present matrimonial dispute shall also be withdrawn by the parties concerned as soon as possible in view of this settlement-agreement.
f) 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.
g) 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. 15830 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 04.12.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are 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
