Allahabad High Court
Vineet Kumar Tiwari 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. - 11483 of 2022
Applicant :- Vineet Kumar Tiwari And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Hari Krishna Singh,Dhirendra Kumar Srivastava
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 proceedings of Case No.112/2022 (State Vs. Vineet Kumar ), arising out of Case Crime No.104/2021, under Sections- 323, 504, 506 I.P.C., and 3/4 DP Act Police Station- Shankargarh, District- Prayagraj/Allahabad, pending in the court of A.C.J.M-18, Allahabad.
3. Learned counsel for the applicant submits that this court vide order dated 17.05.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 20.12.2022 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 20.12.2022 . Paragraph 7 and 8 of the said report reads as under:
"7. In view of the interim Settlement dated 11.10.2022, the following settlement has been arrived at between the Parties hereto:-
a) That it is made clear that Mr. Vineet Kumar Tiwari (applicant-husband) was filed a petition u/s 13 of Hindu Marriage Act before Family Court, Varanasi which was registered as Case No. 561 of 2021, has been withdrawn and in this regard the applicant -husband has produced certified copy of an order dated 12.11.2022 passed by the Family Court, Varanasi.
b) The parties have already settled their dispute and filed a divorce petition w/s 13-B of the Hindu Marriage Act before the Family Court, Allahabad, which is registered as Case No. 2161/2022. The certified copy of aforesaid divorce petition is being annexed to this settlement for kind perusal of the Hon'ble Court.
c) That it has been agreed between the parties that the husband shall pay an amount of Rs. 15,00,000/- (Rupees Fifteen 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.
d) That on 11.10.2022, Mr. Vineet Kumar Tiwari (Applicant No. 1-Husband) has produced a demand draft bearing no. 196760 dated 06.10.2022, drawn on State Bank of India for Rs. 5,00,000/- (Five Lakh Only) issued in the name of Divya Mishra (wife), which was being kept in the file concerned and the same shall be handed over to the wife today i.e. 20.12.2022 and she has acknowledged the receipt of the same.
e) That it has been agreed between the parties that the remaining amount i.e. Rs. 10,00,000/- (Rs. Ten Lakhs Only) shall be paid to Smt. Divya (O. P. No. 2-wife) by Mr. Vineet Kumar Tiwari (Applicant No. 1-Husband) at the time of final judgment before the Principal Judge, Family Court, Allahabad, by way of demand draft of a nationalized bank.
f) That the applicant-Vineet Kumar Tiwari produced certified copy of an order dated 17.12.2022 passed in Case No. 7718/2021, Vineet Kumar Tiwari vs. Divya Mishra & others, which is being annexed to this settlement for kind of Hon'ble Court.
g) That Divya (wife) produced certified copy of withdrawal application and order dated 09.12.2022 passed by the Family Court, Allahabad in Case No. 474/2021 (Divya vs. Vineet Kumar), under Section 125 Cr.PC.
h) That Divya Mishra (wife) will visit her in-laws house on 29.12.2022 to bring the articles mentioned below:-
i) Bed
ii. Almirah
iii. Sofa Set
iv. Central Table
v. AC
vi. Shringardani
i) 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 partics concerned as soon as possible in view of this settlement-agreement.
j) 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.
k) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement, otherwise 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. 11483 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 20.12.2022 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
