Allahabad High Court
Vijay Kumar Sharma And Anr vs State Of U.P. And Anr on 15 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 75
Case :- APPLICATION U/S 482 No. - 7760 of 2020
Applicant :- Vijay Kumar Sharma And Anr
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Devesh Kumar Shukla, learned counsel for the applicant and learned A.G.A. for the State.
2. The applicants by means of this application, under Section 482 Cr.P.C., has invoked inherent jurisdiction of this Court, with a prayer to quash the charge sheet dated 11.9.2019 and the summoning order dated 4.2.2020 passed by the ACJM, Court No. 1, P.S. Mahila Thana, District Bulandshahr, as well as the entire proceeding of Criminal case No. 389 of 2020 (arising out of Case Crime No. 0039 of 2019), State Vs. Krishna Kumar & others) under Sections 498A, 323, 504, 506 IPC & 3/4 of D.P. Act, pending in the court of ACJM, Court No. 1, P.S. Mahila Thana, District Bulandshahr.
3. Learned counsel for the applicant submits that this court vide order dated 25.02.2020 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 2.3.2022 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 6 and 7 of the settlement/agreement dated 2.3.2022. Paragraph 6 and 7 of the said report reads as under:
"6. In view of the Interim Settlement dated 21.12.2021, the following settlement has been arrived at between the Parties hereto:-
a) That the marriage of Mr. Krishna Kumar Sharma, husband (Son of Applicant No. 1) and Smt. Anjali Sharma, wife (O.P. No. 2) was solemnized on 03.12.2017. Out of the aforesaid wedlock parties have no issue. Due to strained relationship the parties have been living separately since 24.05.2019.
b) That as per Interim Settlement, Mr. Krishna Kumar Sharma, husband (Son of Applicant No. 1) and Smt. Anjali Sharma, wife (O.P. No. 2) have decided to take mutual divorce on the condition that the husband will pay a permanent (one time) alimony including Stridhan of Rs. 15.25 Lakhs (Rupees fifteen lakhs twenty five thousand only) to the wife in 2 installments.
c) That on 21.12.2021 the husband has produced Demand demand drafts of Rs 7.50 Lakhs (Rupees seven lakhs fifty thousand only, (1st Installment) bearing No. 933709 Jared 18.12.2021 issued by Punjab National Bank drawn in favour of wife kept in the Mediation file (file No. 0953/21) has been handed over to the her today and she has acknowledges the receipt of the same.
d) That as agreed parties have filed a mutual divorce petition No. 33/22 under section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court. Bulandshahar and produced the certified copy of the same which is annexed to this Settlement Agreement.
e) That it has been agreed between the parties that the remaining amount Rs 7.75 Lakhs (Rupees seven lakhs seventy five thousand only, (nd Installment) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgment of mutual divorce petition in the family court.
f) That terms and condition of this Settlement Agreement also applicable to Application U/S 482 No. 19174 of 2021 as parties are same, xerox copy of order sheet is enclosed herewith.
g) That thereafter parties shall have no further claim against each other of any nature with regard to the present case.
h) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement.
i) That it has been agreed between the parties that the all Criminal and Civil cases filed by them or their family members against each other shall be set a side/withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month from this Settlement Agreement.
7. By signing this Agreement the Parties hereto state that they have no further claim against each other with respect to Application U/S 482 No. 7760 of 2020 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 2.3.2022 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.
Order Date :- 15.2.2023
SA
