Allahabad High Court
Dayanand And 4 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. - 10332 of 2022
Applicant :- Dayanand And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Sengar,Ram Govind
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 summoning order dated 26.10.2021 as well as the entire proceedings of Complaint Case No. 2586/2021 (Snehlata Vs. Pawan Kumar urf Rishi and Others), under Sections- 498A, 323, 504, I.P.C., and 4 of DP Act, Police Station- Kotwali, District- Mainpuri, pending in the court of C.J.M, Mainpuri.
3. Learned counsel for the applicant submits that this court vide order dated 11.05.2022 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, Etawah and the same is registered as H.M.A. Case No. 669 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. 15,00,000/- (Rupees Fifteen Lakhs only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That on 01.12.2022, the applicant-husband has produced a demand draft bearing no. 821133 dated 01.12.2022 drawn on State Bank of India for Rs. 7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) in favour of Sneh Lata (wife) and the same has been handed over today i.e. 18.12.2022 to the wife 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. 7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) shall be paid by Mr. Pawan Kumar urf Rishi (Applicant No. 4-Husband) to Ms. Snehlata (O.P. No. 2-Wife) at the time of final judgment in H.M.A. Case No. 669 of 2022 pending in Family Court, Etawah by way of demand draft.
e) 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.
f) That in view of the present final settlement both the parties have further agreed that they will not file any fresh cases against each other in respect to their present matrimonial dispute in future and will adhere to the conditions of the present settlement.
g) That it has been agreed between the parties that they shall not violate the terms and conditions of the settlement, 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. 10332 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 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
