Abhishek Kumar And 2 Others vs State Of U.P. And Another
2024 Latest Caselaw 36707 ALL

Allahabad High Court

Abhishek Kumar And 2 Others vs State Of U.P. And Another on 8 November, 2024

Author: Manju Rani Chauhan

Bench: Manju Rani Chauhan

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


                                                      Neutral Citation No. - 2024:AHC:175551
 
Court No. - 73
 

 
Case :- APPLICATION U/S 482 No. - 45767 of 2023
 
Applicant :- Abhishek Kumar And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anil Kumar Pathak
 
Counsel for Opposite Party :- G.A.,Pavanesh Mishra,Santosh Kumar Dubey
 
WITH
 
Case :- APPLICATION U/S 482 No. - 18013 of 2024
 
Applicant :- Tamanna Singh @ Tanu And 7 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Virendra Kumar Tiwari
 
Counsel for Opposite Party :- Anil Kumar Pathak,G.A. 
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.
 

1. Heard Mr. Anil Kumar Pathak, learned counsel appearing for Abhishek Kumar and 2 Others, Mr. Pavanesh Mishra, learned counsel appearing for Tamanna Singh @ Tanu And & Others, and Mr. Rizwan Ahmad, learned A.G.A. for the State.

2. Application u/s 482 No.45767 of 2023 (Abhishek Kumar And 2 Others vs State of U.P. and Another) has been filed by the applicants with the prayer to quash the charge sheet no.53 of 2023 dated 01.02.2023 as well as summoning order dated 01.04.2023 and the entire proceeding of Case No.71477 of 2023 (State of U.P. Vs. Abhishek Kumar and others), arising out of Case Crime No.559 of 2022, under Sections 498-A, 323, 504, 506 I.P.C., P.S.-Kalyanpur, District-Kanpur Nagar, pending before Additional Chief Metropolitan Magistrate-IInd, Kanpur Nagar.

3. Application u/s 482 No.18013 of 2024 (Tamanna Singh @ Tanu And 7 Others vs State of U.P. and Another) has been filed by the applicants with the prayer to quash the cognizance order dated 16.04.2024 and the entire proceeding of Criminal Case No.37979 of 2024 (State Vs. Sujit Kumar @ Mannu and others), arising out of Case Crime No.0404 of 2023, under Sections 211, 506, 120-B I.P.C., P.S.-Kalyanpur, District-Kanpur Nagar, pending before A.C.M.M.-2nd, Kanpur Nagar.

4. Learned counsel for the parties submit that in the matter of Abhishek Kumar and 2 Others, vide order dated 15.12.2023 the matter was referred to mediation centre with direction to the applicants to deposit Rs.30,000/- within three weeks from that date at the Mediation Centre, High Court Allahabad. They further submit that in view of the orders passed in case of Abhishek Kumar and 2 Others, the case of Tamanna Singh @ Tanu & 7 others was also heard and orders were passed accordingly.

5. Learned counsel for the parties submit that parties have amicably settled the dispute at the Mediation Centre and have arrived at final settlement agreement on 22.09.2024 with the following terms and conditions:-

"a. That the O. P. No.2-wife has stated that her name is Tanu @ Tammana instead of Smt. Tannu as mentioned in array of parties of the instant case.

b. That both the parties stated that they have already entered into a settlement dated 17.08.2024, which was annexed to Interim Settlement dated 18.08.2024.

c. The in view of paragraph 8(c) of the interim settlement dated 18.08.2024, both the parties have agreed to live separately and mutually settled to dissolve their marriage and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Kanpur Nagar, which is registered as Case No. 2275/2024. The certified copy of aforesaid divorce petition is being annexed to this settlement for kind perusal of the Hon'ble Court.

d. That it has been agreed between the parties that in full and final settlement of all financial claims, permanent alimony, Stridhan of wife (Smt. Tannu) and maintenance of daughter (Shruti @ Vamika) that may accrue against the Applicant No.1-Abhishek Kumar or his family members, the O. P. No.2-wife shall be paid an amount of Rs.24,00,000/- (Rs. Twenty Four Lakh Only) by the Applicant no.1-husband. After receiving this amount she shall not stake any claim of any nature whatsoever in the property of the husband or her in-laws and she also agrees that she shall not claim any further financial assistance from the husband.

e. That for the aforesaid purpose, it has been agreed between the parties that the entire amount i.e. Rs. 24,00,000/- shall be paid by the Applicant No.1-husband (Abhishek Kumar) to the O. P. No.2-wife (Smt. Tannu) by way of demand draft of a nationalized bank at the time of second motion in Case No. 2275/2024 of petition u/s 13-B of the Hindu Marriage Act filed before Principal Judge, Family Court, Kanpur Nagar.

f. That it has also been agreed between the parties that all the cases, if any civil or criminal case is pending between the parties filed against each other or their family members regarding present matrimonial dispute shall be withdrawn by the parties concerned 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."

6. It has further been submitted by learned counsel for the parties that pursuant to aforesaid settlement agreement between the parties as agreed, the parties do not want to pursue the matter and withdraw all the cases so filed against each other, therefore, all disputes between them have come to an end, and hence, further proceedings against each other in the aforesaid cases are liable to be quashed by this Court.

7. Learned A.G.A. reiterates the submissions made on behalf of the parties in so many words and has urged before the Court that the parties have no objection if the aforesaid applications are allowed and the impugned proceedings are quashed.

8. Before proceeding any further it shall be apt to make a brief reference to the following cases:

(i) B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; (ii) Nikhil Merchant Vs. Central Bureau of Investigation (2008)9 SCC 677;

(iii) Manoj Sharma Vs. State and others ( 2008) 16 SCC 1;

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

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

9. 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 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

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

11. Accordingly, the proceedings of charge sheet no.53 of 2023 dated 01.02.2023 as well as summoning order dated 01.04.2023 and Case No.71477 of 2023 (State of U.P. Vs. Abhishek Kumar and others), arising out of Case Crime No.559 of 2022, under Sections 498-A, 323, 504, 506 I.P.C., P.S.-Kalyanpur, District-Kanpur Nagar, pending before Additional Chief Metropolitan Magistrate-IInd, Kanpur Nagar, in view of the aforesaid settlement agreement, is hereby quashed.

12. Accordingly, the proceedings of cognizance order dated 16.04.2024 and Criminal Case No.37979 of 2024 (State Vs. Sujit Kumar @ Mannu and others), arising out of Case Crime No.0404 of 2023, under Sections 211, 506, 120-B I.P.C., P.S.-Kalyanpur, District-Kanpur Nagar, pending before A.C.M.M.-2nd, Kanpur Nagar, in view of the aforesaid settlement agreement, is hereby quashed.

13. The aforesaid applications are, accordingly, allowed. There shall be no order as to costs.

14. Mr. Pavanesh Mishra, learned counsel appearing for Tamanna Singh @ Tanu And 7 Others, states that he has moved an application before the Mediation Centre for releasing of money so deposited i.e. Rs.25,000/- in favour of Tamanna Singh as Tanu and Tamanna Singh is the same person. Therefore, it is directed that a draft of Rs.25,000/- may be released in favour of Tamanna Singh.

Order Date :- 8.11.2024

Rahul.