Allahabad High Court
Vinod Kumar Gupta And 4 Others vs State Of U.P. And Another on 15 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:56542
Court No. - 75
Case :- APPLICATION U/S 482 No. - 313 of 2024
Applicant :- Vinod Kumar Gupta And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rakesh Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard SriRakesh Dubey, learned counsel for the applicants and Sri Mohd. Shoeb Khan, learned A.G.A. for the State.
2. The present application has been filed to quash the entire proceeding as well as cognizance and summoning order dated 21.11.2023 passed by Additional Civil Judge (S.D.)/F.T.C., Gorakhpur, in Case No. 55760/2023 (State Vs. Vinod Gupta and others) based upon charge-sheet no. 01/2023 arising out of Case Crime No. 22 of 2023, u/s 498-A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Rajghat, District- Gorakhpur, whereby the applicants are summoned to face trial.
3. Facts giving rise to the present controversy is that applicant no. 3 is husband of opposite party no.2 and matrimonial discord between them has culminated into present proceedings.
4. Learned counsel for the applicants submitted that this Court vide order dated 20.02.2024 considering the fact that the dispute is matrimonial in nature referred this matter to Mediation Centre, High Court, Allahabad. In pursuance of the order of this court, parties have appeared before the Mediation Centre to participate in the mediation proceedings and a settlement agreement was also entered into between the parties. In pursuance of settlement agreement, divorce decree dated 17.01.2025 was also granted on the basis of mutual consent on 17.01.2025.
5. From the perusal of record, it appears that there is a report of mediation centre dated 06.08.2024 showing that a settlement agreement has been entered into between the parties on06.08.2024. Paragraph no. 7 of the settlement agreement dated06.08.2024 is being quoted as under:
"7. In view of the Interim Settlement dated 09.07.2024, the following settlement has been arrived at between the Parties hereto-
a) That the parties have already 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 Principal Judge, Family Court, Gorakhpur on 12.07.2024 and the same is registered as Marriage Petition No.1033/2024, in which next date is fixed as 16.01.2025. The certified copy of the aforesaid divorce petition and order sheet are 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 one time settlement amount of Rs.23,00,000/- (Rupees Twenty Three Lakh only) to the wife which includes permanent alimony and Stridhan by way of Demand Draft drawn in her favour.
c) That as per Para 7 (c) of the Interim Settlement dated 09.07.2024, the husband had produced a demand draft of Rs.7,00,000/- (Rupees Seven Lakh only) in favour of Aradhna Gupta (wife), which was kept on record and the same has been handed over today i.e. 06.08.2024 to the wife and she has acknowledged the receipt of the same
d) That as decided in Para 7 (d) of the Interim settlement dated 09.07 2024, today ie 06.08 2024, the husband handed over another demand draft to the OP. No.2-wife, bearing D.D. No 476073 dated 29.07 2024 for Rs 4,50,000/- (Rupees Four Lakh Fifty Thousand only) drawn on Union Bank of India in favour of Aradhna Gupta (wife) and she has acknowledged the receipt of the same
e) That it has been agreed between the parties that the remaining amount Le Rs 11,50,000/- (Rupees Eleven Lakh Fifty Thousand Only) shall be paid by Rishi Gupta (Applicant No.1-Husband) to Aaradhna Gupta (OP No.2-Wife) at the time of final judgment in Marriage Petition No 1033/2024 pending in Family Court, Gorakhpur by way of demand draft.
f) That it has been informed by both the parties that they have exchanged their belongings/articles/jewellery out side the court and acknowledged the receipt of the same.
g) That it has been agreed between the parties that all civil and criminal cases, if any, filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned within two months.
h) 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.
i) 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."
6. Learned counsel for the applicants further submitted that as per this settlement agreement, part payment was made before Mediation Centre and remaining part was to be paid after granting divorce decree. As entire amount has been paid, therefore, impugned proceeding may be quashed.
7. Considering the aforesaid fact and on perusal of record, it appears that parties have settled their dispute and a settlement agreement was also entered into between the parties on 06.08.2024 before the Mediation Centre, High Court, Allahabad.In pursuance of settlement agreement, divorce decree dated 17.01.2025 has been passed on the basis of mutual consent and entire alimony as decided by the settlement agreement has also been paid. Therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice.
8. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the settlement agreement dated06.08.2024, the proceeding of the aforesaid case is hereby quashed.
9. The present petition is, accordingly, allowed.
Order Date :- 15.4.2025
KS
