Allahabad High Court
Harinder Pal Singh And 3 Others vs State Of U.P. And 2 Others on 16 March, 2023
Bench: Vivek Kumar Birla, Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 12069 of 2021
Petitioner :- Harinder Pal Singh And 3 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Raj Kumar Khanna,Amber Khanna
Counsel for Respondent :- G.A.,Bharat Bhushan Paul,K.K.Rao,Pradeep Kumar Srinette
Hon'ble Vivek Kumar Birla,J.
Hon'ble Saurabh Srivastava,J.
RE: Criminal Misc. Modification Application No.6 of 2023
Heard Sri Raj Kumar Khanna, learned counsel for the petitioners and Sri Sarvjeet Singh holding brief of Sri K.K. Rao, learned counsel appearing for the informant and learned AGA for the State.
The present modification application has been filed by learned counsel for the informant with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to permit the Respondent No.3 to modify the judgment and order dated 30.01.2023 passed by this Hon'ble Court in the present Criminal Misc. Writ Petition to the extent that the petitioner (husband) to pay the remaining amount of Rs. 18,50,000/- (Rupees Eighteen Lakh Fifty Thousand Only) as per the settlement agreement dated 04.12.2022 during the course of the day or within time so framed by this Hon'ble Court otherwise petitioner shall suffer irreparable loss and injury. And/or be pleased to pass such other and further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
The present petition was allowed vide our order dated 30.01.2023 after quoting paragraph 7 of the settlement agreement dated 04.12.2022. In paragraph 7(b) it has been specifically provided that 'in paragraph 7(c) of the interim settlement dated 18.09.2022, it has been agreed between the parties that the remaining amount of Rs.18,50,000/- (Rs. Eighteen Lakh Fifty Thousand Only) will be paid by the husband to the wife at the time of final settlement but today i.e. 04.12.2022, it has been agreed between the parties that the aforesaid amount shall be paid by the husband to the wife before the Hon'ble High Court at the time of quashing of the impugned FIR dated 22.10.2021.'
When the aforesaid petition was listed on 30.01.2023 in the additional cause list under the heading of "matter in which mediation succeeded in settlement between the parties", no one was present on behalf of the petitioners, however, Sri K.K. Rao, learned counsel for the informant and learned AGA for the State-respondents were present. On that date petition was allowed and the impugned first information report was quashed.
By means of the present modification application it is being submitted that the aforesaid amount which was liable to be paid on the said date was not paid as no one was present on behalf of the petitioners.
Today, learned counsel for the petitioners has produced before this Court two Demand Drafts, one being D.D. No.438721 dated 10.02.2023 for Rs.15,00,000/- drawn on Canara Bank and the other being D.D. No.438822 dated 13.03.2023 for Rs.3,50,000/- drawn on Canara Bank, which were handed over to Sri Sarvjeet Singh holding brief of Sri K.K. Rao, learned counsel for the informant to be further handed over to the informant- Tanveer Kaur. It is expected that the learned counsel for the informant shall take care to hand over the Demand Drafts to the informant during the validity period of the aforesaid Demand Drafts so that same may be encased without any impediment.
At this stage, Sri Raj Kumar Khanna, learned counsel for the petitioner s pointed out that although withdrawal application no.5 of 2022 dated 06.11.2022 for withdrawal of the First Appeal No.896 of 2021 on the basis of settlement agreement has already been filed, however, the same is still pending and the first appeal has not been withdrawn as yet.
Learned counsel for the informant submits that the said withdrawal application shall be pressed as expeditiously as possible and no adjournment shall be sought on the aforesaid application and every efforts shall be made to get the withdrawal application allowed as soon as possible. He further submits that since the entire amount has been paid today in view of Clause 7 of the settlement agreement dated 04.12.2022 there is no question of any delay in pressing the withdrawal application filed in the first appeal.
We find that this undertaking given by the learned counsel for the informant at the bar is sufficient to allow this modification application. We further find from perusal of the certified copy of the withdrawal application, which is also on record that it has been specifically stated in paragraph 12 of the affidavit filed in support of the withdrawal application that the appellant does not want to press this case in First Appeal No.896 of 2021 on the basis of settlement agreement as agreed between both the parties. Para 12 is quoted as under:-
"12 That the appellant does not want to press this case in First Appeal No.896 of 2021 on the basis of settlement agreement as agreed between both the parties before this Hon'ble Court."
In this background and the terms of the agreement having been applied by the learned counsel for the petitioners, present modification application is allowed particularly in the light of the undertaking given by the learned counsel for the informant.
Learned counsel for the parties shall file/place copy of this order before the Court having jurisdiction over the first appeal.
Additionally, office is also directed to place the copy of this order on record of First Appeal No.896 of 2021 for the purpose of passing appropriate order.
Order Date :- 16.3.2023
Nitendra
