Allahabad High Court
Pramod Bhardwaj And 5 Others vs State Of U.P. And Another on 9 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- CRIMINAL REVISION No. - 2762 of 2016
Revisionist :- Pramod Bhardwaj And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Vinod Kumar Tirpathi
Counsel for Opposite Party :- G.A.
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 impugned order dated 29.6.2016 as well as the entire proceedings of Complaint Case No.1770 of 2016, under Section 12 of Domestic Violence Act, P.S. Kotwali, District- Ghaziabad, pending in the court of Sessions Judge, Ghaziabad.
3. Learned counsel for the applicant submits that this court vide order dated 12.9.2016 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 22.2.2017 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 6 and 7 of the settlement/agreement dated 22.2.2017. Paragraph 6 and 7 of the said report reads as under:
"6. In view of the interim settlement dated 14.12.2016, the following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Sri Pramod Bhardwaj (Revisionist no. I-husband) and Smt. Kanika (Respondent. No. 2 -wife) was solemnized on 07.12.2012. Out of the aforesaid wedlock parties have a daughter namely Tulsi at present 02 years old. Due to strained relationship the parties are living separately since June 2014.
b) That parties have appeared before Mediation Centre and stated to the mediators that dispute between them is irreconcilable, hence they have decided to take mutual divorce.
c) That Sri Pramod Bhardwaj (Revisionist No. 1-husband) and Smt. Kanika (Respondent. No. 2-wife) have decide to take mutual divorce on the condition that the husband will pay a permanent alimony/Stridhan of Rs. 09 Lacs (rupees nine lacs only) to the wife Smt. Kanika by way of demand draft duly drawn in her favour in two equal instalments.
d) That on 14.12.2016, the husband has produced a Demand Draft bearing No. 223929 dated 09.12.2016 of Rs. 4,50,000/- (rupees four lacks fifty thousand only) issued by Oriental Bank of Commerce, Maliganj, Meerut branch in favour of Smt Kanika, which was retained at the mediation centre has been handed over to the wife Kanika today i.e. 22.02.2017 and she has acknowledged the receipt of the same.
e) That the parties have filed a mutual divorce petition no. 11 of 2017 under section 13-B of Hindu Marriage Act, before the Family Court at Meerut on 02.01.2017. The certified copy of the said divorce petition is being annexed to this settlement agreement.
f) That it has been agreed between the parties that the rest amount i.e. Rs. 4,50,000/- (rupees four lac fifty thousand only) shall be paid by the husband to the wife by way of the demand draft drawn in favour of Kanika Sharma at the time of final judgment in aforesaid mutual divorce petition petition before the Family Court, Meerut.
g) That it has been agreed between the parties that the cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
h) 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 shall be free to take legal recourse.
7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to Crl. Revision No. 2762 of 2016 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 22.2.2017 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, if is left open to the opposite party no. 2 to seek recall of this order, if just cause survives.
Order Date :- 9.2.2023
CS/-
