Allahabad High Court
Alok Pandey vs State Of U.P. And Another on 19 January, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 11042 of 2022
Applicant :- Alok Pandey
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shri Prakash Dwivedi
Counsel for Opposite Party :- G.A.,Kshitij Pal Singh,Swayamjeet Sharma
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Kaushlesh Dutt Shukla, Advocate, holding brief of Sri Shri Prakash Dwivedi, learned counsel for the applicant, Sri Kshitij Pal Singh, learned counsel for the opposite party no. 2 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 5.1.2020 along with cognizance order dated 10.02.2020 in Case No. 243 of 2020; State Vs. Alok Pandey and others; arising out of Case Crime No. 252 of 2019, under Sections 307, 352 IPC, Police Station Kotwali City, District Mirzapur, pending in the Court of learned Additional District Judge 1st, Mirzapur.
3. Earlier, arising from another criminal case, the matter was referred to mediation in Application u/S 482 No. 10535 of 2020 vide order dated 9.9.2022. The mediation has been successful vide mediation report dated 12.04.2022. It has been reported as below :
"7. In view of the Interim Settlement Agreement dated 07.04.2022. The following settlement has been arrived at between the Parties hereto:-
a) That the parties have mutually decided to take divorce and in this regard they have filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Mirzapur which is registered as Case No. 180 of 2022. The certified copy of 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 husband shall pay a permanent alimony including Stridhan of Rs. 2,75,000/- (Rupees Two Lakh Seventy Five Thousand only) to the wife by way of demand draft.
c) That on 07.04.2022 the husband has produced a demand draft bearing no. 321870 dated 06.04.2022 for Rs. 1,50,000 (Rupees One Lakh Fifty Thousand only) drawn on Punjab National Bank in favour of wife namely Upasana Pandey (wife) and the same has been handed over today i.e. 12.04.2022 to the wife (applicant) 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. 1,25,000/- (Rupees One Lakh Twenty Five Thousand only) shall be paid by the Sri Vinay Kumar (Husband) (S/o-Applicant No. 1) to Smt. Upashna Tiwari (O.P. No. 2- Wife) at the time of final Judgment in Case No. 180 of 2022 pending in Family Court, Mirzapur by way of demand draft.
e) That the parties agreed to abide by the terms and conditions mentioned in para 6 to 9 of a petition u/s 13-B of the Hindu Marriage Act.
f) That it has been agreed between the parties that the OP. No. 2 will have no objection if the Hon'ble Court pleases to allow the instant Application U/S 482 No. 10535 of 2020.
g) 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.
h) That it has been agreed between the parties that they shall not violate the terms and conditions of this 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. 10535 of 2020 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
4. It is then submitted by the learned counsel for the applicant that the present prosecution also arises from the same matrimonial discord that existed between the parties and which stands resolved in terms of the mediation report dated 12.4.2022, therefore, the present prosecution may also be dropped.
5. Learned counsel for the opposite party no. 2 expresses certain apprehension owing to the conduct of Smt. Upashna Tiwari (wife), who is not appearing in the proceeding before the learned Family Judge. Apprehension apart, at present the real dispute appears to have been resolved. It is expected that the parties will appear before the learned Family Court and ensure that the settlement reached is given full effect.
6. Considering the above, no useful purpose would be served in keeping the present application pending any further. The application is allowed. The charge sheet dated 5.1.2020 along with cognizance order dated 10.02.2020 are hereby set aside. The entire proceedings of Case No. 243 of 2020; State Vs. Alok Pandey and others; arising out of Case Crime No. 252 of 2019, under Sections 307, 352 IPC, Police Station Kotwali City, District Mirzapur, pending in the Court of learned Additional District Judge 1st, Mirzapur, are hereby quashed.
7. However, it is left open to the opposite party no. 2 to seek recall of this order, if the applicants does not cooperate in the proceedings before the Family Court.
Order Date :- 19.1.2023
SA
