Allahabad High Court
Kapil Kumar And 2 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. - 13941 of 2022
Applicant :- Kapil Kumar And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vivek Sharma
Counsel for Opposite Party :- G.A.,Munendra Nath Chaubey
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today. Taken on record.
2. Heard Sri Vivek Sharma, learned counsel for the applicants; Sri Munendra Nath Chaubey, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the cognizance order dated 08.02.2022, charge sheet dated 22.11.2021 as well as the entire proceedings of Case No. 2083 of 2022, arising out of Case Crime No. 67 of 2021, under Sections - 498-A, 323, 504 and 506 I.P.C. and Section 3/4 D.P. Ac, Police Station - Mahila Thana, District - Firozabad, pending in the court of Civil Judge (Jr. Div.)/Judicial Magistrate, F.T.C.-2, Firozabad.
4. Learned counsel for the applicants submits that this court vide order dated 03.06.2020 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 10.01.2023 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 10.01.2023. Paragraph nos. 7 and 8 of the said report reads as under:
"7) In view of the Interim Settlement dated 15.11.2022, the following settlement has been arrived at between the Parties hereto:
a) That Sri Kapil Kumar (Applicant No. I-husband) is present along-with his counsel and on the other hand O. P. No. 2-wife (Smt. Menka Bharg) is present along-with her father- Shri Bhumiraj Bhargav and counsel before the Mediation Centre.
b) That both the parties have mutually resolved to end their matrimonial dispute by way of mutual divorce. The applicant No. 1-husband has agreed to pay one time settlement (permanent alimony including Stridhan) amount of Rs. 13,50,000/- (Rs. Thirteen Lakh Fifty Thousand Only) to the wife and maintenance of the aforesaid son by way of demand draft in three installments.
c) That in pursuance of the interim settlement dated 15.11.2022, the parties have file a mutual divorce application u/s 13- B of the Hindu Marriage Act on 25.11.2022 which has been registered as Case No. 1055 of 2022. The Court below has fixed a date for second motion on 29.05.2023. A certified copy of the aforesaid divorce application and order dated 25.11.2022 passed by the Family Court, Firozabad are being annexed to this settlement for kind perusal of Hon'ble Court.
d) That as agreed in para 7 (c) of the Interim Settlement dated 15.11.2022, the Applicant No. 1-husband has already pay an amount of Rs. 4,50,000/- out of the agreed one time settlement amount on the date of filing of the aforesaid divorce petition and the O. P. No. 2-wife has acknowledged the receipt of the same.
e) That in view of the interim settlement dated 15.11.2022, the applicant no. 1-husband has come up with the second installment of the permanent alimony amount of Rs. 4,50,000/- (Rs. Four Lakh Fifty thousand Only) by way of a demand draft bearing no. 441548 dated 07.01.2023 drawn on State Bank of India in the name of Monika Daksh (wife). The aforesaid demand draft has been handed over by the husband to the wife today and a receiving on the photocopy of the demand draft has also been obtained by the husband from the wife.
f) That the parties have also agreed that the last installment of the permanent alimony amount to the tune of Rs. 4,50,000/- Rs. Four Lakh Fifty Thousand Only) shall be paid by the husband to the wife on the date of second motion fixed by the Court below for final order/ judgment in the mutual divorce application i.e. 29.05.2023.
g) That in view of the present final settlement both the parties have further agreed that they will not claim any further rights or liabilities against each other in future and will be free to live their future life as per their own free will.
h) That both the parties have also agreed that all the cases filed by them against each-other shall be withdrawn/ not pressed by them and the case no. 2083 of 2022 arising out of Case Crime No. 0067 of 2021 under Section 498-A, 323, 504, 506 IPC and Dowry Prohibition Act, 1961 at Police Station- Mahila Thana, District- Firozabad, as well as Charge-sheet dated 22.11.2021 and cognizance order dated 08.02.2022 pending in the court of Civil Judge Junior Division/ Judicial Magistrate, F.T.C.-2, Firozabad may be quashed by this Hon'ble Court.
i) That in view of the present final settlement both the parties have further agreed that they will not file any fresh cases against each other in respect to their present matrimonial dispute in future and will adhere to the conditions of the present settlement.
j) 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. 13941 of 2022 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
5. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 10.01.2023 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
6. 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. The amount deposited before the Mediation Centre pursuant to the order dated 03.06.2022 may be released in favour of opposite party no.2 (Monika Daksh).
Order Date :- 8.2.2023
Abhilash
