Allahabad High Court
Vineet Kumar Sharma And 4 Others 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. - 36135 of 2022
Applicant :- Vineet Kumar Sharma And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla
Counsel for Opposite Party :- G.A.,Raj Narayan Tiwari
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants; 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 order dated 18.08.2022 as well as the entire proceedings of Criminal Case No. 4547 of 2017 (State Vs. Vineet Kumar Sharma), arising out of Case Crime No. 205 of 2013, under Sections - 498-A, 323 and 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Mahila Thana, District - Meerut, pending in the court of Civil Judge (Jr. Div.)/Fast Track Court (Crime against woman), Meerut.
3. Earlier, arising from proceedings under the Protection of Women from Domestic Violence Act, 2005, the matter had been referred to the Mediation & Conciliation Centre attached to this Court in Application U/S 482 No. 14798 of 2021 (Vineet Kumar Sharma Vs. State of U.P. & Anr.). Mediation was successful. The terms of settlement agreement dated 22.07.2022 contained in paragraph nos. 7 and 8 are quoted below:
"7. In view of the Interim Settlement Agreement dated 24.06.2022. The following settlement has been arrived at between the Parties hereto:-
(a) That it is stated by the husband that he has moved withdrawn application in Case No. 1918 of 20135, filed u/s 13 of Hindu Marriage Act before Principal Judge, Family Court, Court No. 3, Aligarh, a certified copy of the order passed in Case No. 1918 of 2013 filed u/s 13 of Hindu Marriage Ad before Principal Judge, Family Court, Court No. 3, Aligarh is annexed herewith to this settlement agreement for kind perusal of the Hon'ble Court.
(b) 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, Aligarh which is registered as Matrimonial Case No. 1201 of 2022. The certified copy of aforesaid divorced petition is being annexed herewith for kind perusal of the Hon'ble Court.
(c) That it has been agreed between the parties that the applicant-husband shall pay one time.) settlement amount of Rs. 20,00,000/- (Rupees Twenty Lakh only) which includes of Rs. 10,00,000/- (Rupees Ten Lakh only) towards maintenance of the son namely, Divyansh Sharma. who is in the custody of the mother and Rs. 10,00,000/- (Rupees Ten Lakh Only) towards permanent alimony including Stridhan of the wife by way of demand draft.
(d) That on 26.06.2022 the applicant-husband has produced a demand draft bearing no. 004708 dated 21.06.2022 for Rs. 5,00,000/- (Rupees Five Lakh only) drawn on State Bank of India in favour of wife namely Shilpi Sharma and the same has been handed over today i.e. 22.07.2022 to the wife and she has acknowledged the receipt of the same.
(e) That today i.e. 22.07.2022 the applicant-husband has handed over another demand draft bearing no. 004722 dated 11.07.2022 for Rs. 5,00,000/- (Rupees Five Lakh only) drawn on State Bank India in favour of wife namely, Shilpi Sharma and she has acknowledged the receipt of the same.
(f) That it has been agreed between the parties that the remaining amount i.e. Rs. 10,00,000/- (Rupees Ten Lakh onlv) shall be paid by the Sri Vineet Kumar Sharma (Applicant-Husband) to Smt. Shilpi Sharma (O.P. No. 2-Wife) at the time of final judgment in Matrimonial Case No. 1201 of 2022 pending in Family Court, Aligarh by way of demand draft.
(g) That the parties shall move withdrawal application in the case filed by them against each other. The details of the cases are as under:-
i. Case No. 2754 of 2017, filed u/s 406 I.P.C., pending before J.M.-II, Meerut.
ii. Case No. 657 of 2013, filed W/s 406 I.P.C., pending before J.M.-I, Aligarh.
iii. Case No. 205 of 2013 (present Case No. 4004749/2015, pending before Civil Judge (J.D.), F.T.C., Meerut.
iv. Criminal Revision (Defective) No. 321 of 2021 (Regular No. 758 of 2022), pending before Allahabad High Court.
v. Case No. 14798 of 2021, filed w/s 12 of D.V. Act, pending before Family Court, Meerut.
vi. Complaint Case No. 4938 of 2022, filed u/s 494, 420, 506, 120-B, I.P.C. P.S. Medical, pending before C.J.M., Meerut.
(h) 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.
(i) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also.
(j) 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. 14798 of 2021 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 22.07.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
5. In view of the above, the present application is allowed, subject to the applicants complying with the terms of settlement agreement noted above.
6. Leave is granted to the opposite party no.2 to seek recall of this order if the terms of the settlement/agreement reached between the parties are not fulfilled.
Order Date :- 20.1.2023
Abhilash
