Shri Pratham Tomar vs State Of U.P. And Another
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Allahabad High Court

Shri Pratham Tomar vs State Of U.P. And Another on 23 July, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:121051
 
Court No. - 75
 
Case :- APPLICATION U/S 482 No. - 38269 of 2024
 
Applicant :- Shri Pratham Tomar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Naman Agarwal,Nipun Singh
 
Counsel for Opposite Party :- Anurag Sharma,G.A.
 

 
Hon'ble Vikas Budhwar,J.
 

1. Vakalatnama has been filed on behalf of Shri Virendra Singh Tomar (AoR No. A/V 0828/13), counsel for opposite party no.2, is taken on record.

2. Heard Shri Naman Agarwal, counsel for the applicant and Shri S.K. Singh, learned AGA for the State, a vakalatnama has been filed by Shri Virendra Singh Tomar after obtaining no objection from Shri Anurag Sharma who is present before this Court and submits that he has no instructions in the matter.

3. Shri Virendra Singh Tomar has made a statement that he has obtained the no objection for the vakalatnama and he has full instructions in the matter.

4. The present 482 Cr.P.C. application has been filed to quash the impugned summoning order dated 29.01.2024 passed by the learned A.C.J.M. (Court No.1), Muzaffar Nagar as well as entire proceeding of Case No.27784 of 2023 (Shakshee Rathi Vs. Pratham Tomar), under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. New Mandi, District Muzaffarnagar, pending in the court of A.C.J.M. (Court No.1), Muzaffar Nagar.

5. This Court on 13.11.2024 proceeded to pass the following orders:

"1. Heard Sri Apurva Singh holding brief of Sri Nipun Singh, learned counsel for the applicant as well as Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State and perused the record.

2. The present 482 Cr.P.C. application has been filed to quash the impugned summoning order dated 29.01.2024 passed by the learned A.C.J.M. (Court No.1), Muzaffar Nagar as well as entire proceeding of Case No.27784 of 2023 (Shakshee Rathi Vs. Pratham Tomar), under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. New Mandi, District Muzaffarnagar, pending in the court of A.C.J.M. (Court No.1), Muzaffar Nagar.

3. It is submitted by learned counsel for the applicant that the present matter relates to matrimonial dispute, which may be amicably settled by way of mediation and conciliation. Learned counsel for the applicant states that there is every possibility of mediation in the present case, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court.

4. Issue notice to opposite party no.2.

5. Considering the nature of the case, the present matter is referred to the Mediation and Conciliation Centre, High Court Allahabad, subject to the condition that the applicant will deposit a sum of Rs.35,000/- within two weeks from today with the Mediation Centre out of which Rs.30,000/- shall be paid to opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.

6. After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months.

7. List in the week commencing 20.01.2025 along with the report of Mediation Centre.

8. It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in Case No.27784 of 2023 (Shakshee Rathi Vs. Pratham Tomar), under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. New Mandi, District Muzaffarnagar, till the next date of listing.

9. It is made clear that in case there occurs default by the applicant either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter.

10. It is also made clear that in case the applicant fails to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicant."

6. There is an office report dated 19.05.2025 that the Medication & Conciliation Centre Report is kept on record. A copy of the Medication & Conciliation Centre Report dated 03.05.2025 shows that the mediation completed and agreement closed. Allahabad High Court Mediation and Conciliation Settlement Agreement dated 03.05.2025 reads as under:

"7. The following settlement has been arrived at between the parties hereto:

a) That the parties have already settled their dispute and decided to dissolve their marriage and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act, before the Principal Judge, Family Court, Muzaffarnagar, on 19.04.2025, which is registered as Case No.600 of 2025. The parties shall produce the certified copies of the aforesaid divorce petition and order-sheet at the time of hearing before the Hon'ble Court. The parties agree that they shall not resile from the settlement/divorce petition, in any manner whatsoever and take it to its logical conclusion without causing unnecessary impediment.

(b) That it has been agreed between the parties that the husband shall pay full and final settlement amount of Rs.22,50,000/- (Rupees Twenty Two Lakh Fifty Thousand only) to the wife which includes permanent alimony and Stridhan by way of Demand Draft drawn in her favour.

(c) That today i.e. 03.05.2025, the husband produced a demand draft bearing No.505547 dated 11.04.2025 of Rs.11.25, 000/- drawn on Union Bank of India in favour of Sakshi Rathi (wife), and the same is being handed over to the O.P, No. 2 and she has acknowledged the receipt of the same.

(d) That it has also been agreed between the parties that they shall not withdraw

their consent from the aforesaid divorce petition, in case husband withdraws his consent the amount of Rs.11,25,000/- received by the wife shall stands forfeited in her favour and in case wife withdraws her consent from the said divorce petition, she would be liable to return the amount of Rs. 11,25,000/- along with the current market rate of interest to the Husband.

e) That it has been agreed between the parties that the remaining amount i.e. Rs.11,25,000/- (Rupees eleven Lakh Twenty Five Thousand only) shall be paid by Shri Pratham Tomar (Applicant -Husband) to Smt. Shakshee Rathi (0.P. No.2-wife) at the time of final judgment in the aforesaid divorce Petition No.600 of 2025 before the Family Court, Muzaffarnagar by way of demand draft of a nationalized bank drawn in her favour.

(f) 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 before the final disposal of the divorce petition.

(g) 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.

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

(i) That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed this settlement."

7. Learned counsel for the opposite party no. 2 on instructions submits that out of the total amount of Rs. 22,55,000/-, Rs. 11,25,000/- has been received through bank draft and the residue amount of Rs. 11,25,000/- would be paid at the time of final judgment in Divorce Petition No. 600 of 2025 pending before the Court of Family Court, Muzaffarnagar. According to the counsel for the opposite party no. 2, now nothing remains to be further adjudicated.

8. Learned AGA has no objection to the same.

9. Accordingly, the Court is of the opinion that the mediation has been successful and now nothing remains to be further proceeded with.

10. Accordingly, the present application stands allowed, the impugned summoning order dated 29.01.2024 passed by the learned A.C.J.M. (Court No.1), Muzaffar Nagar as well as entire proceeding of Case No.27784 of 2023 (Shakshee Rathi Vs. Pratham Tomar), under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. New Mandi, District Muzaffarnagar, pending in the court of A.C.J.M. (Court No.1), Muzaffar Nagar is quashed as against the applicant.

Order Date :- 23.7.2025

A. Prajapati