Allahabad High Court
Abhishek Dwivedi 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. - 17312 of 2022
Applicant :- Abhishek Dwivedi
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kamal Kumar
Counsel for Opposite Party :- G.A.,Ritesh Kumar Singh
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 no. 257/2018 dated 24.09.2018 as well as the entire proceedings of cognizance order dated 26.07.2019 (State Vs. Abhishek Dwiveedi ), arising out of Case Crime No. 129/2018, under Sections- 323, 504, 506 & 498A I.P.C., 3/4 DP Act, Police Station- Kotwali , District- Ballia , pending in the court of C.J.M-I, Ballia .
3. Learned counsel for the applicant submits that this court vide order dated 29.06.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 02.12.2022 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 02.12.2022 . Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim Settlement dated 25.11.2022, 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, Ballia which was registered as Case No. 806 of 2022. 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. 20,00,000/- (Rupees Twenty Lakhs only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft drawn in her favour.
c) That on 25.11.2022, the applicant-husband has produced a demand draft bearing no. 723350 dated 23.11.2022 for Rs. 10,00,000/- (Rupees Ten Lakhs only) drawn on Punjab National Bank in favour of Jyoti Dwivedi (wife), which was being kept in the file concerned and the same has been handed over to the wife today i.e. 02.12.2022 and she has acknowledged the receipt of the same.
d) That it has been agreed between the parties that the remaining amount i.e. Rs. 10,00,000/- (Rupees Lakhs Abhishek (Applicant-Husband) to Jyoti Dwivedi (O.P. 2-Wife) at the judgment second motion pending Family Court, Ballia way demand draft.
e) That It has also been agreed between the parties all civil criminal cases (if any) by them against each other regarding present matrimonial dispute shall be withdrawn concerned by appropriate steps before the Court/authority concerned.
f) That also agreed between the parties shall file any fresh case against each other or their family member regarding present dispute.
g) That It has been agreed between the parties that they shall not violate the terms and conditions this settlement otherwise the aggrieved party will be free take legal recourse.
8. By signing this Agreement the Parties hereto state that the Application U/s 482 No. 17312 2022 and disputes and differences in this regard have been amicably settled by Parties hereto through 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 02.12.2022 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
