Allahabad High Court
Vikas Sudan And 5 Others vs State Of U.P. And Another on 10 January, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 19581 of 2022
Applicant :- Vikas Sudan And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ashok Kumar Singh Bais
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 charge sheet dated 04.10.2021 as well as the entire proceedings of Criminal Case No. 110 of 2022 (State Vs. Vikas and Others ), arising out of Case Crime No. 112 of 2021, under Sections- 498A, 323, 504, 506, I.P.C. and 3/4 DP Act, Police Station- Sadar Bazar, District- Saharanpur, pending in the court of Civil Judge, (J.D.) F.T.C.(Offence against the women) Saharanpur.
3. Learned counsel for the applicant submits that this court vide order dated 14.07.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 18.12.2022 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 18.12.2022. 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 decide to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Saharanpur and the same is registered as Case No. 1323 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 copy of the aforesaid divorce petition is being annexed to this settlement- agreement 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. 4,70,000/- (Rupees Four Lakhs Seventy Thousand only) which includes permanent alimony and Stridhan of the wife and maintenance of the daughter namely, Eshna by way of Demand Draft. Out of aforesaid agreed amount of Rs. 3,20,000/- (Rupees Three Lakhs Twenty Thousand only) has already been paid by the applicant-husband to the O.P. No. 2-wife and she has acknowledged the receipt of the same.
c) That it has been agreed between the parties that the remaining amount i.e. Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) shall be paid by Sri Vikas Sudan (Applicant No. 1-Husband) to Smt. Himani alias Hina (O.P. No. 2-Wife) at the time of final judgment in Case No. 1323 of 2022 pending in Family Court, Saharanpur by way of demand draft.
d) 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.
e) That the parties will not file any fresh case against each other in respect this against each other in
f) 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 Agreement the Parties hereto state that the Application 482 19581 of 2022 and 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 18.12.2022 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 :- 10.1.2023
V. Sinha
