Allahabad High Court
Jaydeep Guha And 2 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. - 19362 of 2022
Applicant :- Jaydeep Guha And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ganesh Mani
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 03.02.2021, cognizance order dated 06.04.2021 as well as the entire proceedings of Criminal Case No. 63995 of 2021 (State Vs. Jaydeep ), arising out of Case Crime No. 0758 of 2020, under Sections- 498A, 323, 504, 506 I.P.C., and 3/4 of DP Act, Police Station- Govindnagar, District- Kanpur Nagar , pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.
3. Learned counsel for the applicant submits that this court vide order dated 25.07.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 16.12.2022 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 6 of the settlement/agreement dated 16.12.2022. Paragraph 6 of the said report reads as under:
"6. In view of the Interim Settlement dated 18.11.2022, the following settlement has been arrived at between the Parties hereto:-
a) That Interim Settlement dated 18.11.2022 is part and parcel of this Settlement Agreement.
b) That the correct name of Mr. Jaydeep Guha, husband (Applicant No. 1) is Mr. Joydeep Guha.
c) That as per Interim Settlement, Mr. Jaydeep Guha, husband (Applicant No. 1) and Mrs. Nikita Khandelwal, 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 Rs. 02 Lakhs (Rupees two lakhs only) to the wife in 02 instalments.
d) That at the time of Interim Settlement the husband had produced a demand draft of Rs 01 Lakh (Rupees one lakh only) bearing No. 148219 dated 16.11.2022 issued by Standard Chartered Bank drawn in favour of wife kept in Mediation file has been been handed over to her today and she has acknowledged the receipt of the same.
e) That as agreed parties have filed a mutual divorce petition No. 3257/2022 under section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court, Kanpur Nagar and produced the certified copy of the same which is annexed to this Settlement Agreement for kind perusal of the Court.
f) That it has been agreed between the parties that the remaining amount Rs 01 Lakh (Rupees one lakh only, 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.
g) That hereafter parties have no further claim against each other of any nature with regard to the present case and will not litigate in future against each other with regard to the present case.
h) 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.
i) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement and also not litigate in future in connection with this case. 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. 19362 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 16.12.2022 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
