Allahabad High Court
Alok Kumar Gupta 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. - 15809 of 2022
Applicant :- Alok Kumar Gupta
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Dhirendra Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Dhirendra Kumar Srivastava, 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 summoning order dated 28.04.2017, charge sheet dated 03.02.2017 as well as the entire proceedings of Criminal Case No. 2740 of 2017, arising out of Case Crime No. 186 of 2016, under Sections - 498-A, 323, 504 and 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Sector 24 NOIDA, District - Gautam Budh Nagar, pending in the court of A.C.J.M.-I, Gautam Budh Nagar.
3. Learned counsel for the applicant submits that this court vide order dated 11.07.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 21.10.2022 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 21.10.2022. Paragraph nos. 7 and 8 of the said report reads as under:
"7) The following settlement has been arrived at between the Parties hereto:-
a) That the parties have already settled their dispute on the condition that the husband shall pay an amount of Rs. 10,00,000/- (Rupees Ten 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.
b) That out of the aforesaid alimony amount Rs. 4,00,000/- (Four Lakh Only) has already been paid to the wife and she has acknowledged the receipt of the same.
c) That today i.e. 21.10.2022, the applicant-husband has produced a demand draft bearing no. 000158 dated 17.10.2022 drawn on HDFC Bank for Rs. 3,00,000/-(Three Lakh Only) issued in the name of Shraddha Gupta (wife) and the same is being handed over to the wife today 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. 3,00,000/- (Three Lakhs Only) shall be paid to Dr. Shraddha Gupta (O.P. No. 2-wife) by Alok Kumar Gupta (Applicant-husband) at the time of final judgment in Matrimonial Case No. 1258 of 2022, u/s 13(b) of the Hindu Marriage Act, pending before the Court of Principal Judge, Family Court, Lucknow, by way of demand draft of a nationalized bank.
e) That it has been agreed between the parties that the cases filed by them against each other or their family members regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court /authority concerned.
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 U/s 482 No. 15809 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 21.10.2022 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
