Allahabad High Court
Sanno Devi 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. - 11238 of 2022
Applicant :- Sanno Devi And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajesh Kumar
Counsel for Opposite Party :- G.A.
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 charge sheet No. 550 of 2021 as well as the entire proceedings of Case No. 99 of 2021 (State Vs. Sumit Kumar & others), under Sections- 498A, 323, 506 I.P.C., 3/4 DP Act, Police Station- Nawabganj, District- Prayagraj, pending in the court of Chief Judicial Magistrate-8, Prayagraj.
3. Learned counsel for the applicant submits that this court vide order dated 28.06.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 18.09.2022 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 18.09.2022. Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim Settlements dated 14.09.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties appeared, and stated that in view of the Interim Settlement they have filed a petition u/s 13-B of the Hindu Marriage Act before Family Court, Allahabad on 16.09.2022 The parties have further stated that due to paucity of time they could not obtain certified copy of the aforesaid divorce petition and undertake to produce the same before the Hon'ble Court at the time of hearing. The parties produced a copy of aforesaid petition send by the parties and the same is annexed herewith for kind perusal of this Hon'ble Court.
b) That it has been agreed between the parties that amount of Rs. 20,00,000 (Rupees Twenty Lakh only) shall be paid by the husband to the wife as a permanent alimony including Stridhan.
c) That today i.e. 18.09.2022 the applicant-husband has funded over a demand draft bearing no 980460 dated 15.09.2022 for Rs. 10,00,000 each (Rupees Ten Lakh only) drawn on State Bank of India in favour of Rubi (wife) and she has acknowledged the receipt of the same.
d) That it has been agreed between the parties that the remaining amount le Rs. 10,00,000/- (Rupees Ten Lakh only) shall be paid by Mr. Somit Kumar (Applicant No. 3-Husband) to Ms. Ruby Yadav (O.P. No. 2-Wife) at the time of final judgment in aforesaid divorce petition pending in Family Court, Allahabad 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 -By signing this Agreement the Parties hereto state that the APPLICATION U/S 482 No. 11238 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 18.09.2022 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
