Anuj Rastogi And 2 Others vs State Of U.P. And Another
2025 Latest Caselaw 8533 ALL

Allahabad High Court

Anuj Rastogi And 2 Others vs State Of U.P. And Another on 3 April, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:47614
 
Court No. - 73
 
Case :- APPLICATION U/S 482 No. - 33220 of 2024
 
Applicant :- Anuj Rastogi And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Aditya Sharma,Gauri Singh,Rajneesh Sharma,Virendra Singh
 
Counsel for Opposite Party :- G.A.,Vivek Kumar Srivastava
 

 
Hon'ble Vikas Budhwar,J.
 

1. Supplementary affidavit filed today is taken on record.

2. heard Sri Virendra Singh, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State and Sri Vivek Kumar Srivastava, learned counsel for the opposite party no.2.

3. This is an application filed under Section 482 Cr.P.C. for quashing the impugned summoning order dated 10.01.2024 as well as entire proceedings of Complaint Case No.5999 of 2022 (Smt. Subhi Rastogi v. Anuj Rastogi & Others), under Sections 498A, 323, 504, 506 IPC & 3/4 D.P.. Act, Police Station Mawana, District Meerut, pending in the Court of Special Chief Judicial Magistrate, Court No.1, Meerut. It is further prayed to stay the entire proceedings of aforesaid complaint case during the pendency of present application.

4. It appears that pursuant to the order passed in Transfer Application (Criminal) No.796 of 2023, the matter was referred to Mediation Conciliation Center, Allahabad High Court, in which an agreement stood entered on 17.03.2024, para 7 whereof has been quoted hereinunder:

"In view of the Interim Settlement Agreement dated 18.02.2024, the following Mediators/Conciliators. settlement has been arrived at between the Parties hereto:-

a) That the parties have settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Meerut and the same is registered as Case No. 505 of 2024. The certified copy of the aforesaid divorce petition along with order-sheet is being filed to this settlement for kind perusal of the Hon'ble Court.

b) That it has been agreed between the parties that the applicant-husband shall pay one time settlement amount of Rs.18,00,000/- (Rupees Eighteen Lakh only) to the wife which includes permanent alimon, Stridhan and the maintenance of the daughter (Mishka Rastogi) by way of Demand Draft drawn in favour of the wife.

c) That today i.e. 17.03.2024, the applicant-husband has handed over a demand draft bearing no. 274783 dated 26.02.2024 drawn on Punjab National Bank for Rs.9,00,000/- (Rupees Nine Lakh only) in favour of Shubhi Rastogi (Wife) 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.9,00,000/- (Rupees Nine Lakh only) shall be paid by Anuj Rastogi (Applicant-Husband) to Smt. Subhi Rastogi (O.P. No. 2-Wife) at the time of inal judgment in Case No. 505 of 2024 pending in Family Court, Meerut by way of demand draft.

e) That it has been agreed between the parties that all civil and criminal cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate step Court/authority concerned. steps before the Court/authority concerned.

f) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also.

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

5. An application stood also filed on 20.08.2024 before the court below for dropping the proceedings. In view of the settlement so arrived at between the parties, this Court on 01.10.2024 proceeded to pass following orders:

"1. Heard Sri Virendra Singh, learned counsel for the applicants and Sri Pankaj Srivastava, learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 10.01.2024 in Complaint Case No.5999 of 2022 (Smt. Subhi Rastogi Vs. Anuj Rastogi and others), under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Mawana, District Meerut, pending in the court of Special Chief Judicial Magistrate, Court No.1, Meerut.

3. Learned counsel for the applicants submits that, vide order dated 13.12.2023, this Court has referred the matter before the Mediation Centre on a Transfer Application (Criminal ) No.796 of 2023 filed by the applicant no.1, herein.

4. Pursuant to the aforesaid reference to the Mediation Centre, applicant no.1 and opposite party no.2 had settled their matrimonial dispute amicably.

5. Learned counsel for the applicants submits that in terms of the Mediation Settlement Agreement dated 17.03.2024, the entire amount was already paid by the applicants to the opposite party no.2, and the opposite party no.2 has also withdrawn the other cases and the instant case also. The application was moved by the applicant no.1 before the trial court concerned, which has been annexed as Annexure No.7 to the instant application on 20.08.2024.

6. In view thereof, issue notice to the opposite party No.2.

7. Put up on 14.11.2024 in additional cause list before the appropriate Bench.

8. In view of the settlement of dispute, no coercive action shall be taken against the applicants till the next date of listing."

6. Thereafter on 20.03.2025 following order were passed:

"1. When the matter is taken up Sri Aditya Sharma, learned counsel for the applicant and Sri Vivek Kumar Srivastava, learned counsel for opposite party no.2 submits that as per the settlement the parties have entered into a compromise on 17.03.2024 before the Allahabad High Court Mediation and Conciliation Centre out of the conditions with regard to one time settlement of Rs. 18 lacs including permanent alimony and maintenance of the daughter is Rs. 9 lac has already been paid as reflected in clause 7C and so far as clause 7D is concerned, the same is to be paid on the final judgment in Case No.505 of 2024 pending in family court, Meerut by way of Demand Draft.

2. Learned counsel for the applicants has invited the attention the court towards annexure-7 at page 50 of the paper book that an application stood preferred for withdrawing the proceedings under section 498A, 323, 504., 506 IPC read with section 3/4 D.P. Act on 20.08.2024. However, it is submitted that the court below is not proceeded with the matter on account of the fact that there happens to be pendency of the present application before this Court and operation of the interim order.

3. Learned counsel appearing for opposite party no.2 submits that a direction be issued to the court below to proceed for withdrawing for the said proceeding.

4. Be that as it may be post the matter on 03.04.2025 in the additional cause list at 02:00 p.m. In the meantime, the court below is required to proceed with the application submitted by the opposite party no.2 for withdrawal of the proceeding in case no. 23709 of 2023, U/s 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mawana, District Meerut. On the next date fixed, the parties shall bring on record the fate of the said application."

7. Today, a supplementary affidavit has been filed dated 03.04.2025, wherein, reference has been made to page 6 being an order dated 02.04.2025 of Special Judicial Magistrate, Meerut in Case No.23709 of 2023 (Smt. Shubhi Rastogi v. Anuj Rastogi), whereby, the parties have appeared before the court below bu the court was of the opinion that since offences are not compoundable, thus, the application stood rejected.

8. Learned counsel for the applicant submitted that as per the settlement, Rs.9 Lakhs have already been paid to opposite party no.2 and Rs.9 Lakhs are to be paid at the time of final judgment in Case No.505 of 2024 pending in Family Court, Meerut which would be paid.

9. Sri Vivek Kumar Srivastava, learned counsel for the opposite party no.2 submitted that parties have entered into settlement, thus, the proceedings be quashed as he would be receiving the amount of Rs.9 Lakhs post decision in the proceedings in Case No.505 of 2024.

10. Learned AGA has no objection to the same.

11. Consequently, in exercise of the jurisdiction under Section 482 Cr.P.C./528 BNSS, the Court is allowing the present application.

12. Accordingly, the present application stands allowed, entire proceedings of Complaint Case No.5999 of 2022 (Smt. Subhi Rastogi v. Anuj Rastogi & Others), under Sections 498A, 323, 504, 506 IPC & 3/4 D.P.. Act, Police Station Mawana, District Meerut, pending in the Court of Special Chief Judicial Magistrate, Court No.1, Meerut stands quashed as against the applicants.

Order Date :- 3.4.2025

S.A.