Allahabad High Court
Tej Pratap Singh And Another vs State Of U.P. And Another on 20 January, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 9064 of 2021
Applicant :- Tej Pratap Singh And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kamal Kumar Singh
Counsel for Opposite Party :- G.A.,Padmaker Pandey
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Dharnidhar Pandey, Advocate, holding brief of Sri Kamal Kumar Singh, learned counsel for the applicants, Sri Padmaker Pandey, learned counsel for the opposite party no. 2 and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No. 1255 of 2021; State Vs. Avinash Singh and others;, arising out of Case Crime No. 91 of 2019, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Kanpur Nagar, pending in the Court of learned Civil Judge (Junior Division) F.T.C. (C.A.W.), Kanpur Nagar.
3. Submission of the learned counsel for the applicants made at the Bar is, there existed matrimonial discord in the marriage of Avinash Kumar Singh with the opposite party no. 2, Ritu Singh. Arising therefrom, the present prosecution allegation had emerged. Avinash Kumar Singh approached this Court in 482 No. 9010 of 2021. Also, Transfer Application No. 559 of 2019 came to be filed with respect to proceedings under Section 13 of Hindu Marriage Act, 1955. In those proceedings, the matter was referred to the mediation centre attached to this Court. Vide settlement agreement dated 19.4.2022, the parties have been able to resolve their disputes and differences on the following terms :
"6. In view of the Interim Settlement dated 29.03.2022, the following settlement has been arrived at between the Parties hereto:-
a) That Interim Settlement dated 29.03.2022 is part of this Settlement Agreement.
b) That as per Interim Settlement, Ms. Ritu Singh, wife (Applicant) Sri Avinash Singh, husband (O.P.) have decided to take mutual divorce on the condition that the husband will pay a permanent (one time) alimony including Stridhan of Rs. 20 Lakhs (Rupees twenty lakhs only) to the wife in 2 Installments.
c) That on 29.03.2022 the husband has produced Demand demand drafts of Rs 10 Lakhs (Rupees ten lakhs only, (1st installment) bearing No. 215200 and 215201 both Rs. 05 Lakhs each and dated 23.03.2022 issued by Bank of Baroda drawn in favour of wife kept in the Mediation file have been handed over to the her today and she has acknowledges the receipt of the same.
d) That as agreed parties have filed a mutual divorce petition No. 290/22 under section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court, Kanpur City and produced the certified copy of the same which is annexed to this Settlement Agreement.
e) That it has been agreed betweer. the parties that the remaining amount Rs. 10 Lakhs (Rupees ten lakhs only, (Installment) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgment of mutual divorce petition in the family Court
f) That thereafter parties shall have no further claim against each other of any nature with regard to the present case.
g) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement.
h) That it has been agreed between the parties that the all Criminal and Civil cases filed by them or their family members against each other shall be set a side/withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month from this Settlement Agreement.
7. By signing this Agreement the Parties hereto state that they have no further claim against each other with respect to Transfer Application No. 559 of 2019 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/ Mediation."
4. Both sides are agreed with the marriage between the parties has been dissolved upon due payments as claimed by the opposite party no. 2.
5. In view of the above, no useful purpose would be served in keeping the present application pending any further. The application is allowed. The entire proceeding of Case No. 1255 of 2021; State Vs. Avinash Singh and others;, arising out of Case Crime No. 91 of 2019, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Kanpur Nagar, pending in the Court of learned Civil Judge (Junior Division) F.T.C. (C.A.W.), Kanpur Nagar, are hereby quashed.
Order Date :- 20.1.2023
SA
