Ayush Verma And 2 Others vs State Of U.P. And Another
2025 Latest Caselaw 5680 ALL

Allahabad High Court

Ayush Verma And 2 Others vs State Of U.P. And Another on 4 March, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:30751
 
Court No. - 74
 

 
Case :- APPLICATION U/S 482 No. - 29898 of 2023
 

 
Applicant :- Ayush Verma And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Om Narayan Pandey,Suresh Dhar Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.
 

1. Supplementary affidavit filed today is taken on record.

2. Though notices were issued on 24.08.2024 to the opposite party no. 2 but nobody has appeared on behalf of the opposite party no. 2 till the dicatation of the order.

3. This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Criminal Case No. 28803 of 2023 (State Vs. Ayush Verma and others), arising out of case crime no. 96 of 2023, under Sections 498-A, 323 IPC and Section 3/4 D.P. Act, Police Station- Nagphani, District Moradabad, pending before the court of learned Additional Chief Judicial Magistrate, Court no. 1, Moradabad.

4. On the presentation of the present application, on 24.08.2023, the following orders were passed:

"1. Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicants and Sri Akhilesh Srivastava, learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. was filed seeking quashing of the Charge Sheet dated 08.06.2023 as well as cognizance order dated 07.07.2023 passed by learned Additional Chief Judicial Magistrate, Court No.1, Moradabad, in Criminal Case No. 28803 of 2023 (State vs. Ayush Verma and others) arising out of Case Crime No. 96 of 2023 u/S 498A, 323 I.P.C. and Section 3/4 D.P. Act, P.S.- Nagphani, District- Moradabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Moradabad.

3. Learned counsel for the applicants submitted that there is every likelihood that the said dispute could be settled, if the matter is referred to the Mediation Centre of Allahabad High Court.

4. Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice, let an opportunity be granted to settle their disputes in an amicable and congenial way.

5. Under the circumstances, both the parties shall appear before the Mediation Centre and would explore the possibilities of settling the dispute.

6. In view thereof, let notice be issued to opposite party no.2 to put her appearance before the Mediation Centre of this Court.

7. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 50,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks from today. After deposit of the aforesaid amount, mediation centre shall send a notice to the opposite party no.2. Out of Rs. 50,000/-, Rs. 20,000/- shall be payable to the opposite party no.2 on her first appearance before the Mediation and Conciliation Centre, Rs. 25,000/- shall be paid to opposite party no.2 on her second appearance or on settlement of dispute, whichever is earlier and the remaining Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre.

8. The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties.

9. Thereafter, the case shall be listed on 24-11-2023 in the additional cause list along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

10. From the date of deposit of amount as directed herein above, no coercive steps shall be taken against the applicants in pursuance of the Charge Sheet dated 08.06.2023 as well as cognizance order dated 07.07.2023 passed by learned Additional Chief Judicial Magistrate, Court No.1, Moradabad, in Criminal Case No. 28803 of 2023 (State vs. Ayush Verma and others) arising out of Case Crime No. 96 of 2023 u/S 498A, 323 I.P.C. and Section 3/4 D.P. Act, P.S.- Nagphani, District- Moradabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Moradabad.

11. However, it is provided that if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the instant application under Section 482 Cr.P.C. shall stand dismissed without further reference to the court."

5. There is a mediation report dated 24.01.2024 of the Allahabad High Court Mediation and Conciliation Centre/ Settlement Agreement wherein the followings are the conditions mentioned in para 7:

"7) In view of the Interim Settlement dated 10.01.2024, the following settlement has been arrived at between the Parties hereto:-

a) The parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Moradabad, which is registered as Case No. 67/2024. The certified copy of aforesaid divorce petition is being 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 an amount of Rs.4,25,000/- (Rs. Four Lakh Twenty Five Thousand Only) to the wife which includes permanent alimony, Stridhan and maintenance of the wife by way of demand draft drawn in her favour.

c) That on 10.01.2024, Applicant No. 1-husband had produced a demand draft bearing no. 673392 dated 03.01.2024 drawn on State Bank of India for Rs.1,00,000/- (Rs. One Lakh Only) in favour of Madhu Choudhary (wife), which was kept on record and the same is being handed over to the O. P. No.2-wife today i.e. 24.01.2024 and she has acknowledged the receipt of the same.

d) That as agreed in paragraph 7 (d) of the interim settlement dated 10.01.2024, the applicant no.1-husband has handed over another demand draft bearing no. 673402 dated 19.01.2024 drawn on State Bank of India for Rs.1,50,000/- (Rs. One Lakh Fifty Thousand Only) in favour of Madhu Choudhary (wife), to the O. P. No.2-wife today and she acknowledges the receipt of the same.

e) That it has been agreed between the parties that the remaining amount i.e. Rs.1,75,000/-(Rs. One Lakh Seventy Five Thousand Only) shall be paid by Ayush Verma (Applicant No. 1-husband) to Madhu Chaudhari (O. P. No. 2-wife) at the time of final judgment before the Family Court, Moradabad, by way of demand draft of a nationalized bank drawn in her favour.

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 against each other regarding present matrimonial dispute shall also be withdrawn by the parties concerned as soon as possible 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.

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

6. Learned counsel for the applicants submits on the strength of the averments contained in the supplementary affidavit with relation to Annexure-2 at page 15 of the paper-book, para 6 so as to contend that the total amount payable was Rs.4,25,000/- and as per the terms through DD No. 673392, Rs. 1,00,000/- was paid thereafter Rs. 1,50,000/- and the rest of the amount being Rs.1,75,000/- has also been paid which stands recited in the proceedings under Section 13-B of the Hindu Marriage Act, 1955 in order whereof is dated 22.08.2024 of Family Court, Moradabad in Matrimonial Case No. 67 of 2024. According to learned counsel for the applicants, now the parties have themselves divorced and living separately and now nothing remains to be paid.

7. Learned AGA on the basis of the documents which are available on record submits that there is already recital in the order dated 22.08.2024 of the Family Court to the said effect.

8. Considering the same, the proceedings against the applicants in Criminal Case No. 28803 of 2023 (State Vs. Ayush Verma and others), arising out of case crime no. 96 of 2023, under Sections 498-A, 323 IPC and Section 3/4 D.P. Act, Police Station- Nagphani, District Moradabad, pending before the court of learned Additional Chief Judicial Magistrate, Court no. 1, Moradabad are quashed.

9. However, liberty is accorded to the opposite party no. 2 to prefer appropriate application, in case, she is aggrieved of.

10. Accordingly, the present application stands allowed.

Order Date :- 4.3.2025

A. Prajapati