Allahabad High Court
Akash Agarwal And Another 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. - 17191 of 2022
Applicant :- Akash Agarwal And Another
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Rupendra Kumar Mishra
Counsel for Opposite Party :- G.A.,Rajesh Yadav
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. 40 of 2022 dated 25.03.2022 as well as the entire proceedings of Criminal Case No. 11677 of 2022 (State Vs. Akash Agarwal and Ors.), arising out of Case Crime No.245/2021, under Sections-498A, 323, 506 I.P.C., 3/4 DP Act, Police Station- Mahila Thana, District- Moradabad , pending in the court of Civil Judge, Junior Division/F.T.C. (C.A.W.), Moradabad.
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 01.12.2022 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 01.12.2022. Paragraph 7 and 8of the said report reads as under:
"7) In view of the interim Settlement dated 17.11.2022, the following settlement has been arrived at between the Parties hereto:-
a) The parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Moradabad, which is registered as Case No. 1353/2022. The certified copy of aforesaid divorce petition is 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 an amount of Rs. 5,00,000/- (Rupees Five Lakhs Only) as permanent alimony including Stridhan to the wife and maintenance and after receiving this amount, she shall not entitled to claim any further maintenance of any nature whatsoever from the husband and his family member in any manner whatsoever under any circumstances nor she shall stake any claim in the property of applicant or his family members under any circumstances or under any law.
c) That on 17.11.2022, Shri Akash Agarwal (Applicant No. 1- husband) has produced a demand draft bearing no. 042857 dated 15.11.2022, drawn on HDFC Bank for Rs. 2,50,000/- (Two Lakh Fifty Thousand Only) issued in the name of Ravina Agarwal (wife), which was being kept in the file concerned and the same has been handed over to the wife today i.e. 01.12.2022 and she has acknowledged the receipt of the same.
d) That it has been agreed between the parties that the remaining amount L.e. Rs. 2,50,000/- (Rs. Two Lakh Fifty Thousand Only) shall be paid to Smt. Ravina Agarwal (O. P. No. 2-wife) by Shri Akash Agarwal (Applicant No. 1-Husband) at the time of final judgment before the Principal Judge, Family Court, Moradabad, by way of demand draft of a nationalized bank.
e) That it has been agreed between the parties that, the O. P. No. 2-wife shall move withdrawal application in the Case No. 07/2022, Smt. Rabina Agrawal vs. Akash Agrawal, u/s 12 of Domestic Violence Act (2005), pending before the Chief Judicial Magistrate, Moradabad.
f) That it has also been agreed between the parties that apart from the cases mentioned above, if any civil or criminal case is pending between the parties against each other regarding present matrimonial dispute shall also be withdrawn by the parties concerned as soon as possible in view of this settlement- agreement.
g) 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.
h) 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. 17191 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 01.12.2022 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
