Allahabad High Court
Mayank Varshney And 2 Others vs State Of U.P. And Another on 16 February, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 75
Case :- APPLICATION U/S 482 No. - 22321 of 2022
Applicant :- Mayank Varshney And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Akhilesh Kumar Dwivedi
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 praying for quashing of entire criminal proceedings of Case No. 3180 of 2021 (State Vs. Mayank Varshney and others) including charge sheet dated 13.12.2020, cognizance order dated 5.10.2021, under sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act, P.S. Baradari, District Bareilly, arising out of Case Crime No. 75 of 2020, pending in the court of Addl. C.J.M.-I, Bareilly.
3. Learned counsel for the applicants submits that this court vide order dated 28.07.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 22.01.2023 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 22.01.2023. Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim Settlement dated 27.11.2022 & 18.12.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have stated that a divorce petition u/s 13-B of the Hindu Marriage Act has already been filed before the Principal Judge, Family Court, Bareilly. which is registered as Case No. 64/2023, in which next date is fixed as 14.07.2023. The certified copy of aforesaid divorce petition and order-sheet are being annexed to this settlement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the husband shall pay a permanent alimony including Stridhan of Rs. 8,00,000 (Rs. Eight Lakhs Only) to the wife through demand draft drawn in her favour.
c) That on 18.12.2022, the applicant no. 1-husband has produced a demand draft bearing no. 002816 dated 12.12.2022 drawn on Central Bank of India for Rs. 4,00,000/- (Four Lakh Only) issued in the name Shivangee Gupta (wife), which was being kept in the file concerned and the same has been handed over to the wife today i.e. 22.01.2023 and acknowledged the receipt of the same.
d) That it has been agreed between the parties that the remaining amount Le. Rs. 4,00,000/- (Four Lakh Only) shall be paid to Smt. Shiwangi Gupta (O. P. No. 2- wife) by Mayank Varshney (Applicant No. 1-husband) at the time of final judgment/second motion before the Principal Judge, Family Court, Bareilly, by way of demand draft of a nationalized bank.
e) That it has agreed between the parties that the cases mentioned in paragraph 7(e) of the 2 interim settlement dated 18.12.2022, shall be withdrawn by the party concerned within one month. The details of the cases are as under:-
a) Case No. 621/2020, ws 125 Cr.PC, pending before Principal Judge, Family Court, Bareilly.
b) Case No. 1040/2020, pending before ACJM-I, Bareilly, u/s 12 of Domestic Violence Act.
f) That the parties further agreed that they shall not file any fresh case/ complaint against each other regarding present matrimonial dispute in any manner whatsoever.
g) 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. 22321 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 22.01.2023 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, if is left open to the opposite party no. 2 to seek recall of this order, if just cause survives.
Order Date :- 16.2.2023
SA
