Allahabad High Court
Smt Suman And 4 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. - 11870 of 2022
Applicant :- Smt Suman And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vijay Kumar
Counsel for Opposite Party :- G.A.,Jai Raj
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants 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 13.09.2020, order dated 23.06.2021 and summoning order dated 21.03.2022 as well as the entire proceedings of Case No. 1613 of 2021 (State Vs. Smt. Suman and others), arising out of Case Crime No. 206 of 2020, under Sections- 498A, 323, 504, 354, 354-B, 307 I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1967, Police Station- Chhaprauli, District- Baghpat, pending in the court of learned Judicial Magistrate, District - Baghpat.
3. Learned counsel for the applicants submits that this court vide order dated 18.07.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 11.01.2023 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 para 7 and 8 of the settlement/agreement dated 11.01.2023. Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim settlement Agreements dated 23.11.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have filed a petition u/s 13-B of Hindu Marriage Act before the Family Court, Baghpat which is registered as Case No. 720 of 2022. The certified copy of the aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the applicant-husband shall pay one time settlement amount of Rs. 10,50,000/- (Rupees Ten Lakhs Fifty Thousand only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That in para 10 of the aforesaid divorce petition, it is mentioned that the applicant-husband has already handed over a demand draft bearing No. 313476 dated 08.12.2022 for Rs. 2,75,000/- (Rupees Two Lakhs Seventy Five Thousand only) to the wife at the time of filing of the petition U/S 13-B of the Hindu Marriage Act and she has acknowledged the receipt of the same.
d) That today i.e. 11.01.2023 the applicant-husband has handed over another demand draft bearing no. 913075 dated 10.01.2023 for Rs. 2,75,000/- (Rupees Two Lakhs Seventy Five Thousand only) drawn on State Bank of India in favour of Soniya (wife) 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. 5,25,000/- (Rupees Five Lakhs Twenty Five Thousand only) shall be paid by Shri Neetu (Applicant No. 2-Husband) to Smt. Soniya (O.P. No. 2-Wife) at the time of final judgment in Case No. 720 of 2022 pending in Family Court, Baghpat by way of demand draft.
f) 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.
g) 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.
h) 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. 11870 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 11.01.2023 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 applicants 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
