Allahabad High Court
Gaurav Kumar Sharma And 3 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. - 4484 of 2020
Applicant :- Gaurav Kumar Sharma And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Amit Kumar Srivastava
Counsel for Opposite Party :- G.A.,Vishesh Kumar
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Amit Kumar Srivastava, learned counsel for the applicants, Sri Vishesh Kumar, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
2. The applicants, Gaurav Kumar Sharma, Virendra Sharma, Smt. Krishna Sharma and Jitendra, by means of this application under Section 482 Cr.P.C., have invoked inherent jurisdiction of this Court, with a prayer to quash impugned charge sheet, dated 31.8.2019, alongwith cognizance taking order, dated 11.9.2019 as well as entire proceeding of Case No. 2538 of 2019, State vs. Gaurav Sharma and others, arising out of Case Crime No. 969 of 2016, under Sections-498-A, 323, 380 and 506 of IPC, read with Section 3/4 of Dowry Prohibition Act, Police Station-Kotwali Pilibhit, District-Pilibhit, pending in the court of Chief Judicial Magistrate, Pilibhit.
3. Learned counsel for the applicant submits that this court vide order dated 03.02.2020 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 21.10.2022 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 21.10.2022. Paragraph 7 and 8 of the said report reads as under:
"7. The following settlement has been arrived at between the Parties hereto :-
a) That the parties have already settled their dispute and decided live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Pilibhit and the same is registered as M.P No. 543 of 2022. The parties stated that all the terms and conditions of the settlement has also been mentioned in aforesaid divorce petition, which forms a part of the settlement. The certified of the aforesaid divorce petition is being filed herewith to this settlement 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. 10,00,000/- (Rupees Ten Lakh only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That today Le 21.10.2022 the applicant-husband has handed over a demand draft bearing no. 430538 dated 21.09.2022 for Rs. 5,00,000/- (Rupees Five Lakh only) drawn on Bank of Baroda in favour of Manisha Sharma (wife) and she has acknowledged the receipt of the same.
d) That it has been agreed between the parties that the remaining amount ie Rs. Rs. 5,00,000/- (Rupees Five Lakh only) shall be paid by Shri Gaurav Kumar Sharma (Applicant No. 1-Husband) to Smt. Manisha Sharma (O.P. No. 2-Husband) at the time of final judgment in M.P. No. 543 of 2022 pending in Family Court, Pilibhit 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 or their family members 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.
8. By signing this Agreement the Parties hereto state that the Application U/S 482 No. 4484 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 21.10.2022 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, 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
