Hari Mohan And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 14176 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 80 of 2023
 

 
Applicant :- Hari Mohan And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashwani Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Ashwani Kumar Mishra, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record.

Earlier, on 11.01.2023, the following order was passed:

"Heard learned counsel for the applicant as well as learned A.G.A.

The instant application is being moved by the applicant with the prayer to quash to entire proceeding of complaint case no.437 of 2021, under sections 498A, 323, 504 IPC and Section 3/4 of D.P. Act, Police Station-Kotwali Konch, District-Jalaun pending in the court of Judicial Magistrate, Konch, District-Jalaun and summoning order dated 21.06.2022.

Submission made by learned counsel for the applicants is that the present is a matrimonial dispute between the parties.

Learned counsel for the applicant next submitted that there is every likelihood that the said dispute could be well settled, if the matter is referred to the Mediation Centre of Allahabad High Court.

Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice and in a larger good, let an opportunity be granted to settle their disputes in an amicable and congenial way.

Under the circumstances, both the parties shall appear before the Mediation Centre and after sitting across the table, would melt the ice between them and would explore the possibilities of settling the dispute.

Under the circumstances, let notice be issued to opposite party no.2 to put her appearance before the Mediation Centre of this Court.

Thus, it is directed that applicants shall deposit a sum of Rs.10,000/- latest by 25.01.2023 with the Mediation Centre of which the entire amount shall be paid to opposite party no.2 only after process is over before the Mediation Centre. The Court expects that both the parties would render necessary assistance to settle their discord once for all.

The matter is remitted to the Mediation Centre with the direction that the Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties. Only after the aforesaid amount is deposited by the applicant, notice shall be issued to the parties by the registry of Mediation Centre. It is made clear that High Court Mediation & Conciliation Centre, Allahabad is required to submit its report within three months.

Thereafter, the case shall be listed in the first week of May, 2023 along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

Till the completion of process of mediation, no coercive action shall be taken against the applicants in pursuance of complaint case no.437 of 2021, under sections 498A, 323, 504 IPC and Section 3/4 of D.P. Act, Police Station-Kotwali Konch, District-Jalaun pending in the court of Judicial Magistrate, Konch, District-Jalaun and summoning order dated 21.06.2022.

In case the aforesaid amount is not deposited by the applicants within the aforesaid period or after depositing the aforesaid amount they fail to participate in the mediation process without any justifiable reason or prior notice, the entire amount would be fortified in the account of Mediation Centre and the matter would be remitted to the court concerned immediately and interim order shall be deemed to be vacated automatically. Their is no need of any formal order for vacating the stay by the Court. "

In compliance of aforesaid order, mediation was carried out between the parties on 19.04.2023 and the parties have arrived at settlement with the following conditions:-

"(a) That the parties have decided to reunite and live together as husband and wife in perfect harmony forgetting all previous disputes and differences and they undertake to discharge all matrimonial obligations towards each other in respectful manner and undertake not to commit any kind of cruelty against each other in any manner whatsoever.

(b) That after living together as husband and wife the parties appeared and stated to the mediators that they are satisfied with this reunion and further they want to continue it for the rest of their lives.

(c) That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities.

(d) That the husband undertakes to take care of his wife and provide all essential requirements and amenities to her in future.

(e) That it has also been agreed between the parties that all the cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.

(f) That in view of the present final settlement both the parties have further agreed that they will not file any fresh cases against each other in respect to their present matrimonial dispute in future and will adhere to the conditions of the present settlement.

(g) That it has been agreed between the parties that they shall not violate the terms and conditions of the settlement, otherwise the aggrieved party will be free to take legal recourse."

Learned counsel for the applicants submits that in view of the aforesaid conditions mentioned in the settlement agreement dated 19.04.2023, the entire proceedings of the aforesaid case may be quashed by this Court.

Learned A.G.A. has no objection to the same.

This Court is not unmindful of the following judgements of the Apex Court:

1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675;

2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677;

3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1;

4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303; and

5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,

In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences.

Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute before the mediation centre.

Accordingly, the proceedings of summoning order dated 21.06.2022, Complaint Case No.437 of 2021 (Smt. Priyanka Vs. Harimohan and others), under Sections 498A, 323, 504 I.P.C. & Section 3/4 D.P. Act, Police Station-Kotwali Konch, District-Jalaun, pending in the Court of Judicial Magistrate, Konch, District Jalaun, on the basis of settlement between the parties, before the mediation centre, are hereby quashed.

The application is, accordingly, allowed.

Order Date :- 5.5.2023

Rahul.