Allahabad High Court
Manik Chandra Verma And 2 Others vs State Of U.P. Abd 2 Others on 10 January, 2023
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 64
Case :- APPLICATION U/S 482 No. - 28402 of 2021
Applicant :- Manik Chandra Verma And 2 Others
Opposite Party :- State Of U.P. Abd 2 Others
Counsel for Applicant :- Bratendra Singh
Counsel for Opposite Party :- G.A.,Arun Kumar Sharma
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 charge sheet dated 27.12.2018, cognizance order dated 02.11.2019 as well as the entire proceedings of Case No. 4144 of 2019 (State Vs. Manik Chandra Varma and Ors.), arising out of Case Crime No.595 of 2018 , under Sections- 498A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Bhogaon, , District- Manipur , pending in the court of CJM, Manipur.
3. Learned counsel for the applicant submits that this court vide order dated 14.03.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 09.12.2022 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 09.12.2022. Paragraph 7 and 8 of the said report reads as under:
"7) In view of the interim Settlement dated 14.10.2022, the following settlement has been arrived at between the Parties hereto:-
a) The parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Mainpuri, which is registered as Case No. 864/2022. The certified copy of aforesaid divorce petition is being annexed to this settlement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the husband shall pay an amount of Rs. 10,00,000/- (Rupees Ten 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.
c) That on 14.10.2022, the applicant no. 1-husband has produced a demand draft bearing no. 704518 dated 12.10.2022, drawn on State Bank of India for Rs. 5,00,000/- (Five Lakh Only) issued in the name of Km Sangeeta (wife), which was being kept in the file concerned and the same has been handed over to the wife today i.e. 09.12.2022 and she has acknowledged the receipt of the same.
d) That on 02.12.2022, the applicant no. 1-husband has produced another demand draft bearing no. 704519 dated 13.10.2022 drawn on State Bank of India for Rs 2,00,000/- (Two Lakhs Only) issued in the name of Km Sangeeta (wife), which was being kept in the file concerned and the same has been handed over to the wife today i.e. 09.12.2022 and she has acknowledged the receipt of the same.
e) That it has been agreed between the parties that the remaining amount ie. Rs. 3,00,000/- (Three Lakhs Only) shall be paid to Smt. Sangeeta (O. P. No. 3-wife) by Manik Chandra Varma (Applicant No. 1-husband) at the time of final judgment before the Principal Judge, Family Court, Mainpuri, by way of demand draft of a nationalized bank
f) That as agreed in paragraph 7 (e) of the interim settlement dated 14.10.2022, the wife had transferred two beegha land in the name of Manik Chandra Varma (applicant no. 1-husband) and in this regard she has produced a copy of Gift Deed, which is being annexed to this settlement for kind perusal of this Hon'ble Court.
g) That it has been agreed between the parties that the 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 the parties further agreed that they shall not file any fresh case complaint against each other regarding present matrimonial dispute in any manner whatsoever.
i) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement-agreement, otherwise the aggrieved party will be free to take legal recourse.
8.-By signing this Agreement the Parties hereto state that the APPLICATION Us 482 No. 28402 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 09.12.2022 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
