Allahabad High Court
Ankit Malik And 4 Others vs State Of U.P. Though It Principal ... on 3 June, 2024
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:100758
Court No. - 70
Case :- APPLICATION U/S 482 No. - 41755 of 2023
Applicant :- Ankit Malik And 4 Others
Opposite Party :- State Of U.P. Though It Principal Secretary And Another
Counsel for Applicant :- Atul Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party no. 1.
2. The present 482 Cr.P.C. application has been filed with the prayer to quash the entire proceedings of Complaint Case No.18260 of 2023, Smt. Roshi v. Ankit Malik and others, under Sections 18, 19, 20, 21, 22, 23 of the Protection of Women from Domestic Violence Act, 2005, Police Station Mahila Thana, District Bijnor pending in the Court of the Additional Civil Judge (Junior Division)/F.T.C. Court No. 2, Bijnor as well as notice dated 31.05.2023 issued in the said case.
3. Learned counsel for the applicants submits that:-
(i) the dispute arises out of matrimonial discord between the applicant no. 1 and the opposite party no. 2, the applicant nos. 2 to 5 are close relatives of the applicant no. 1;
(ii) the complaint came to be filed by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged;
(iii) there never was any criminal intent on part of the applicants nor any criminal offence as alleged had ever occurred;
(iv) there is no injury caused to any party and wholly exaggerated allegations had been made in the heat of the moment owing to estranged relationship and bruised egos;
(v) therefore, in such changed circumstances, the opposite party no. 2 does not wish to press charges against the applicants.
4. It is also stated that earlier the opposite party no. 2 lodged a first information report against the applicants on 06.05.2023 registered as Case No. 117 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, 1961, Police Station Mandawali, District Bijnor. In the said case, after investigation charge-sheet was submitted and summons were issued. Against the charge-sheet as well as the order issuing summons, the applicants approached this Court by filing Application U/S 482 No. 34820 of 2023, Ankit and 4 others v. State of U.P and another. This Court vide order dated 16.10.2023 referred the matter to the Mediation and Conciliation Centre of this Court for exploring possibility of settlement between the parties. As per the report of the Mediation Centre dated 01.05.2024, the parties have amicably settled their dispute. The relevant portion of the report is extracted hereinbelow:
"6. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediators/Conciliators.
7. In view of the Interim Settlement dated 03.04.2024, the following settlement has been arrived at between the Parties hereto:-
a. The parties have already settled their dispute and filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Bijnor, which is registered as Case No. 324/2024, in which next date is fixed as 28.10.2024. 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 a permanent alimony including Stridhan of Rs.8,00,000/- (Rupees Eight Lakh only) to the wife through demand draft drawn in her favour.
c. That on 03.04.2024, the Applicant No. 1- husband has produced a demand draft bearing no. 057293 dated 27.03.2024 drawn on HDFC Bank for Rs.4,00,000/- (Rs. Four Lakh Only) issued in favour of wife (O.P. No. 2), which was kept on record and the same is being handed over to the O.P. No. 2- wife today i.e. 01.05.2024 and she has acknowledged the receipt of the same.
d. That it has been agreed between the parties that the remaining amount i.e. Rs.4,00,000/- (Rs. Four Lakh Only) shall be paid by Ankit (Applicant No. 1- husband) to Smt. Roshi (O.P. No. 2- wife) at the time of final judgment before the Principal Judge, Family Court, Bijnor, by way of demand draft drawn from a nationalized bank.
e. That today, the O.P. No. 2- wife had moved withdrawal application in Case No. 18260/2023, u/s 18, 19, 20, 21, 22, 23 Protection of Women from Domestic Violence Act, 2005, P.S. Mahila Thana, Bijnor and produce the certified copy of the same, which is being annexed to this settlement for kind perusal of the Hon'ble Court.
f. That it has also been agreed between the parties that apart from the case mentioned above, if any civil or criminal case is pending between the parties against each other regarding present matrimonial dispute shall also be withdrawn by the parties concerned as soon as possible in view of this settlement-agreement.
g. 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.
8.- By signing this Agreement the Parties hereto state that the Application U/s 482 No. 34820 of 2023 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
5. The opposite party no. 2- informant had also appeared before the Mediation Centre and was duly identified by her counsel. She has not filed any affidavit in the present case disputing the aforesaid facts.
6. In view of the fact that the dispute appears to be purely of a personal nature being a matrimonial dispute that has been mutually settled between the parties, to their satisfaction, no useful purpose would be served in allowing such a prosecution to proceed any further.
7. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in B.S. Joshi v. State of Haryana, 2003(4) SCC 675, as well as Nikhil Merchant v. Central Bureau of Investigation and another, J.T., 2008 (9) SC 192, the proceedings of the aforesaid case are hereby set aside.
8. The present application is, accordingly, allowed.
Order Date :- 3.6.2024/SKT/-
