Allahabad High Court
Karun Srivastava And 4 Others vs State Of U.P. And Another on 18 March, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:38241
Court No. - 75
Case :- APPLICATION U/S 528 BNSS No. - 8577 of 2025
Applicant :- Karun Srivastava And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Akash Deep Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Akash Deep Srivastava, learned counsel for the applicants and Sri Uday Bhan, learned A.G.A. for the State respondents.
2. Instant application has been filed for quashing the summoning order dated 19.11.2024 as well as entire proceeding of Criminal Case No.92285 of 2024 arising out of Case Crime No.25 of 2024, under Sections 85, 352, 351(2), 74, 115(2) BNS and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District Kashi (Commissionerate Varanasi), pending in the court of Judicial Magistrate, Court No.3, Varanasi.
3. Facts giving rise to the present case are that the opposite party no.2 is wife of applicant no.1, who lodged an FIR against the applicants under Sections 85, 352, 351(2), 74, 115(2) BNS and 3/4 Dowry Prohibition Act. Police after investigation submitted charge sheet against the applicants and cognizance was taken by the concerned magistrate on 19.11.2024, which is under challenged in the present case.
4. Learned counsel for the applicant submitted that the applicants have challenged the FIR before this Court in Criminal Misc. Writ Petition No.18375 of 2024 and this Court, vide order dated 16.10.2024, referred the matter to mediation centre of this Court. In pursuance of the order of this Court dated 16.10.2024, the parties appeared before the mediation centre and finally settled their differences on the terms mentioned in paragraph 6 of the settlement agreement dated 24.01.2025. The paragraph 6 is quoted as under:-
"(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, Varanasi on 16.01.2025, which is registered as Case No. 109 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. 11,00,000/- (Rupees Eleven 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 03.01.2025, the husband had produced a demant draft bearing No.051687 dated 01.01.2025 for Rs 4,00,000/- (Rupees Four Lakh only) drawn on State Bank of India in favour of Saumya Srivastava, which was kept on record and today i.e. 24 01.2025 the same is being handed over to the Respondent No.3 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 divroce petition, in case husband withdraws his consent the amount of Rs.4,00,000/- 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.4,00,000/- 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.7,00,000/- (Rupees Seven Lakh Only) shall be paid by Karun Srivastava (Petitioner No.1- Husband) to Smt. Saumya Srivastava (Respondent No.3-Wife) at the time of final judgment in Marriage Petition No. 109 of 2025 pending in Family Court, Varanasi by way of demand draft.
(f) That it has been agreed between the parties that a mobile namely Realme, (E??? No. 8621400535691349126) which was gifted by Karun Srivastava (Petitioner No.1) to Smt. Saumya Srivastava (Respondent No.3) shall remain in possession of Smt. Saumya Srivastava (Respondent No.3).
(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 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 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."
5. Counsel for the applicant further submitted that as the parties have settled their dispute and as per settlement agreement all the cases filed by the opposite party no.2 against the applicants shall be withdrawn. Therefore, the impugned proceeding may be quashed on the basis of settlement agreement dated 24.01.2025.
6. Learned AGA could not dispute the aforesaid facts.
7. Considering the aforesaid submission and perusal of record, it appears that the parties have settled their dispute amicably through Mediation and Conciliation Centre, High Court, Allahabad and a settlement agreement dated 24.01.2025 has also entered into them. Therefore, permitting the impugned proceeding to continue would amount to a travesty of justice, as the pending proceeding must come to an end for the peaceful life of the parties.
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 dated 24.01.2025, the Criminal Case No.92285 of 2024 arising out of Case Crime No.25 of 2024, under Sections 85, 352, 351(2), 74, 115(2) BNS and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District Kashi (Commissionerate Varanasi), pending in the court of Judicial Magistrate, Court No.3, Varanasi, is hereby quashed.
9. The present application is, accordingly, allowed.
Order Date :- 18.3.2025
A.Kr.
