Allahabad High Court
Alka Lal And 2 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. - 16267 of 2021
Applicant :- Alka Lal And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vatsala
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 entire proceedings of Case No. 951 of 2021 (State Vs. Ankit Lal ), arising out of Case Crime No. 142 of 2019, under Sections- 498A, 323, 504, 506 IPC and 3/4 of DP Act, Police Station- Aliganj, District- Bareilly, pending in the court of Judicial Magistrate-I Aonla, District- Bareilly
3. Learned counsel for the applicant submits that this court vide order dated 23.11.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 16.12.2022 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 8of the settlement/agreement dated 16.12.2022 . Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim settlement Agreements dated 11.11.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have filed a petition u/s 13(B) 1 of Hindu Marriage Act before the Family Court at Patiala House, Delhi which is registered as H.M.A. No. 1428 of 2022. Due to some unavoidable circumstances the parties could not produce the certified copy of the aforesaid divorce petition, as such the same shall be filed before the Hon'ble Court at the time of hearing.
b) 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 Lakhs only) which includes permanent alimony, maintenance and Stridhan of the wife by way of Demand Draft.
c) That on 11.11.2022, the applicant-husband has produced two demand drafts bearing nos. 880355 & 880356 dated 02.11.2022 & 03.11.2022 both drawn on Union Bank of India for Rs. 4,00,000/- and Rs. 1,00,000/- (Total Rupees Five Lakhs only) in favour of Tarang Agarwal (wife) and the same has been handed over today i.e. 16.12.2022 to the wife and she has acknowledged the receipt of the same.
d) That today i.e. 16.12.2022 the applicant-husband has handed over two demand drafts bearing nos. 403574 & 880357 dated 09.12.2022 & 03.11.2022 for Rs. 3,00,000/- and Rs. 2,00,000/- (Total Rupees Five Lakhs only) both drawn on Union Bank of India in favour of Tarang Agarwal (wife) and she has acknowledged the receipt of the same.
e) That it has been agreed between the parties that the remaining amount i.e. Rs. 10,00,000/- (Rupees Ten Lakhs only) shall be paid by Shri Ankit Lal (Applicant No. 3-Husband) to Smt. Tarang Agarwal (O.P. No. 2-Wife) at the time of final judgment in Case No. 1428 of 2022 pending in Family Court at Patiala House, Delhi by way of demand draft.
f) That Tarang Agarwal (OP. No. 2-wife) moved withdrawal application Case No. 398 of 2019 filed u/s 12 of D.V. Act, Police Station -Aliganj, District Bareilly, on the said application the court below has passed an order dated 02.12.2022, the certified copy whereof is being annexed herewith for kind perusal of the Hon'ble Court.
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 withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
h) That the parties will not file any fresh case against each other respect this matrimonial dispute. They have no claim against each other future also.
i) That 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. 16267 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 16.12.2022 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
