Allahabad High Court
Dr. Sunil Bharadwaj And 2 Others vs State Of U.P. . And Another on 20 March, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:42085
Court No. - 52
Case :- APPLICATION U/S 482 No. - 3811 of 2023
Applicant :- Dr. Sunil Bharadwaj And 2 Others
Opposite Party :- State Of U.P. . And Another
Counsel for Applicant :- Akhilendra Yadav,Dileep Kumar Yadav
Counsel for Opposite Party :- G.A.,Ram Bhajan Chaudhary
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Akhilendra Yadav, learned counsel for the applicants, Mr. Ram Bhajan Chaudhary, learned counsel for the opposite party no.2, Ms. Kirti Singh, learned counsel for the State and perused the records.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 19.07.2022 as well as the entire proceedings of Complaint Case No.5137 of 2021 (Smt. Pooja vs. Dr. Sunil Bharadwaj and others), under Section 498A, 323, 506 IPC and 3/4 D.P. Act, Police Station-South Firozabad, District-Firozabad, pending before the court of Civil Judge (J.D.)/F.T.C.-II, Firozabad on the basis of compromise.
3. Learned counsel for the applicants submits that earlier vide order dated 20.02.2023, the matter was referred to Mediation Centre. In compliance of the aforesaid order, the parties have appeared before the Mediation Centre at Allahabad and arrived at settlement agreement on 26.10.2023. The relevant portion of the settlement agreement dated 26.10.2023 is extracted herein below:
"7. In view of the interim Settlement dated 10.08.2023, 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, Firozabad, which is registered as Case No. 865/2023. 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.35,00,000/- (Rupees Thirty Five Lakh Only) as permanent alimony including Stridhan to the wife and maintenance and after receiving this amount, she shall not entitled to claim any further maintenance of any nature whatsoever from the husband or his family member in any manner whatsoever under any circumstances nor she shall stake any claim in the property of applicant or his family members under any circumstances or under any law.
c) That today i.e. 26.10.2023, the applicant no.1-husband has handed over a demand draft bearing no. 002711 dated 26.09.2023 drawn on Axis Bank for Rs.20,00,000/- (Rs. Twenty Lakh Only) in favour of Pooja Sharma (wife), to Smt. Puja (O. P. No.2-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.15,00,000/- (Rs. Fifteen Lakh Only) shall be paid by Dr. Sunil Bharadwaj (Applicant No. 1-husband) to Smt. Puja (O. P. No.2-wife) at the time of final judgment before the Principal Judge, Family Court, Firozabad, by way of demand draft of a nationalized bank.
e) That it has been agreed between the parties that the cases 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.
f) 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.
g) 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."
4. Accordingly, the entire amount, i.e. permanent alimony has already been paid by the applicant (husband) to opposite party no.2 (wife). The mutual divorce petition has also been allowed by the court below vide order dated 22.05.2024, copy of the said orer has been passed on to the Court today, is kept on record. He further submits that they have withdrawn all the cases against each other, therefore, continuance of proceedings against the applicants would futile exercise and wastage of time of the Court and will be abuse of process of law. He further submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
5. Learned A.G.A. for the State as well as counsel for the opposite party no.2 do not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants.
6. Before proceeding any further it shall be apt to make a brief reference to the following cases:-
i. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,
ii. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
iii. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
iv. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
v. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
7. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
8. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
9. Accordingly, the summoning order dated 19.07.2022 as well as the entire proceedings of Complaint Case No.5137 of 2021 (Smt. Pooja vs. Dr. Sunil Bharadwaj and others), under Section 498A, 323, 506 IPC and 3/4 D.P. Act, Police Station-South Firozabad, District-Firozabad, pending before the court of Civil Judge (J.D.)/F.T.C.-II, Firozabad is hereby quashed.
10. The application is, accordingly, allowed. There shall be no order as to costs.
11. It is always open to the parties to approach before this Court in case verification has been done by playing fraud.
12. A copy of this order be sent to the lower court forthwith.
Order Date :- 20.3.2025
Jitendra/-
