Allahabad High Court
Vaibhav Sinha And 2 Others vs State Of U.P. Thru. Prin. Secy. Home ... on 8 May, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:35688
Court No. - 15
Case :- APPLICATION U/S 482 No. - 11738 of 2023
Applicant :- Vaibhav Sinha And 2 Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Atharva Arya,Vinod Kumar Yadav
Counsel for Opposite Party :- G.A.,Abhishek Srivastava,Atharva Arya
Hon'ble Karunesh Singh Pawar,J.
1. Heard Sri Atul Verma, learned counsel for the petitioners, learned A.G.A. for the State-respondent and Shri Abhishek Srivastava, learned counsel for respondent no.2.
2. The petition seeks quashing of the impugned charge-sheet dated 07.03.2022 arising out of Case Crime No.517 of 2021, under Sections 323, 406, 498-A, 504, 506 Indian Penal Code and Sections 3/4 of Dowry Prohibition Act, Police Station Gomti Nagar, District Lucknow as well as the impugned summoning order dated 15.06.2022 passed by the Chief Judicial Magistrate, Lucknow.
3. It has been submitted by learned counsel for the petitioners that vide order dated 23.01.2024 the matter has been referred to the mediation center.
4. Learned counsel for the parties submit that the petitioners and respondent no.2 have amicably settled their dispute before the Mediation and Conciliation Center of this Court vide compromise dated 28.03.2024. The settlement agreement is extracted below:-
?6. The following settlement has been arrived at between the Parties hereto:-
A. That both the parties namely Vaibhav Sinha (husband) and Mansi (wife) have mutually agreed to dissolve their marriage dated 09.12.2020 and live separately in future. For the purpose of dissolution of their marriage the parties have filed a joint petition for divorce U/S 13-B Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Lucknow, bearing case no. 857 of 2024 on 11.03.2024. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their carnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest.
B. That the First Party agreed to pay to the Second Party Rs. 16,00,000/- (Sixteen Lacs only) towards one time full and final settlement of all the claims of the Second Party including the claim for permanent alimony of Second Party from the First Party. The Second Party agreed to receive the said amount from the First Party towards one time full and final settlement of all her claims from the First Party including the claim for permanent alimony.
C. That the parties agreed that out of aforementioned amount of Rs. 16,00,000/- (Sixteen Lacs only), a sum of Rs. 8,00,000/- (Eight Lacs only) would be paid by the First Party to the Second Party at time of signing of the settlement agreement in the Mediation and Conciliation Centre, Allahabad High Court, Lucknow. Accordingly a Demand Draft No. 799353 dated 21.02.2024 drawn on State Bank of India amounting to Rs.8,00,000/- (Eight Lacs only) has been handed over to the Second Party. The Second Party acknowledged the receipt of the said Demand Draft.
D. That the parties have agreed that the balance amount of Rs 8,00,000/- (Eight Lacs only) would be paid by the First Party to the Second Party at time of second motion of the joint petition for divorce U/S 13-B Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Lucknow, bearing case no. 857 of 2024.
E. That the parties have exchanged each others' articles/belongings as per their list.
F. That the Second Party has agreed that she shall not have any objection if the Hon'ble High Court decides the APPLICATION U/s 482 No. 11738 of 2023 (Vaibhav Sinha And Others Vs. State of UP & Another) arising out of charge sheet dated 7.3.2022 submitted by the Investigating Officer in F.IR/Crime No.517/2021, under Section 323, 406, 498-A, 504, 506 LPC. & Section 3/4 D.P Act, Police Station Gomti Nagar, District Lucknow in terms of this settlement agreement.
G. That the parties have agreed to withdraw/not to pursue the cases filed against each other. The details of the cases are mentioned hereunder:
(i) Case No. 4829 of 2021 U/S 12 of D. V Act pending before J. M. III, Lucknow.
(ii) Application No. 440 dated 15.11.2021 filed before Commissioner of Police, Lucknow by Amita Sinha wife of Lalit Sinha against Mansi (Second Party), Pramod Sinha, Mamta Srivastava and 2 others.
H. In addition to above mentioned case, if any other case(s) is pending between the parties, both the parties shall not have any objection if the case(s) is disposed of by the Hon'ble Court in terms of this Settlement Agreement.
I. That in terms of the interim order dated 23.01.2024 passed in APPLICATION U/s 482 No.11738 of 2023 (Vaibhav Sinha And Others Vs. State of UP & Another) the First Party has deposited a sum of Rs. 50,000/- in the Hon'ble High Court. The First Party has agreed that they have no objection if the Application No. 4350 of 2024 filed in APPLICATION U/s 482 No.11738 of 2023 (Vaibhav Sinha And Others Vs. State of UP & Another) by the Second Party is allowed and the amount is released by the Hon'ble Court in favour of Smt. Mansi (Second Party).
J. That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of any dispute arising out of their marriage or any matter incidental thereto.
K. That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court hence liable for contempt of the Court.
7. By Signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to the matter involved in APPLICATION U/s 482 No. 11738 of 2023 (Vaibhav Sinha And Others Vs. State of UP & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation.?
5. Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.
6. Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.
7. In view of the fact that the parties have settled their dispute before the Mediation Centre by way of compromise and from perusal of the report of mediation center it appears that mediation has been successful between the parties as well as the law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed qua the present petitioners.
8. At this stage, learned counsel for respondent No.2 submits that she has moved an application No.IA/2/2024 seeking permission to withdraw Rs. 50,000/- which was deposited by petitioner no.1 before the Senior Registrar in compliance of the order dated 02.12.2023.
9. Learned counsel for the petitioners has no objection to the aforesaid prayer.
10. From perusal of the Clause 6(I) of settlement agreement dated 28.3.2024 wherein it has been clearly mentioned that if the amount deposited before the learned senior Registrar of this Court is released in favour of respondent no.2 Smt. Mansi, the petitioners have no objection.
11. In view of the above, respondent No.2 is permitted to withdraw the amount of Rs.50,000/- from the office of learned Senior Registrar of this Court.
Order Date :- 8.5.2024
Saurabh Yadav/-
