Allahabad High Court
Sharad Gupta And Another vs State Of U.P. And Another on 1 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:154011
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 46548 of 2023
Sharad Gupta And Another
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Sanjay Kumar Srivastava, Surjit Kumar
Counsel for Opposite Party(s)
:
G.A., Manvendra Singh, Saurabh Yadav
Court No. - 75
HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Surjit Kumar, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the State as well as Shri Manvendra Singh , counsel for the opposite party no. 2.
2. The applicants herein has filed the present application u/s 482 Cr.P.C. for quashing of the Complaint Case No. 6280 of 2023 (Smt. Richa Mehrotra Vs. Sharad Gupta and another) under Sections 495, 498A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Ijjatnagar, District Bareilly, including summoning order dated 25.10.2023 passed by learned Chief Judicial Magistrate, Bareilly.
3. This Court on 12.02.2024 proceeded to pass the following orders:
"1. Heard learned counsel for the applicants, Sri Manvendra Singh, learned counsel for opposite party no. 2 and learned A.G.A for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of entire criminal proceedings of Complaint Case No. 6280 of 2023 (Smt. Richa Mehrotra Vs. Sharad Gupta and another) under Sections 495, 498A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Ijjatnagar, District Bareilly, including summoning order dated 25.10.2023 passed by learned Chief Judicial Magistrate, Bareilly.
3. Learned counsel for the applicants has submitted that present case arises out of a matrimonial dispute and there is every chance of amicable settlement of dispute outside the Court. It is further submitted that the case may be sent to Mediation and Conciliation Centre, Allahabad High Court for taking an effort for settlement between the parties.
4. In view of above submissions made by learned counsel for the applicants, it is directed that the applicants shall deposit Rs.25,000/- within two weeks from today through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.
5. In case, the aforesaid amount is deposited, the notice shall be issued to opposite party no.2 returnable within a period of two weeks. Rs.20,000/- out of the aforementioned deposited amount shall be paid to opposite party no.2 as expenses and this case shall be sent to Mediation and Conciliation Centre, Allahabad High Court. Mediation Centre is expected to conclude its proceedings within two months.
6. List this case on 25.5.2024 along with report of Mediation Centre before appropriate Bench.
7. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
8. It is made clear that if the applicants fail to deposit the amount within two weeks or avoids in participating in the mediation proceedings or delays the proceedings, then coercive measure shall be taken against them as required."
4. Learned counsel for the applicants has submitted that there happens to be settlement agreement dated 26.04.2024 between the parties settling the dispute before the Mediation and Conciliation Centre, Lucknow Bench, para-7 of the Settlement Agreement is quoted hereinunder:
"7. In view of the Interim Settlement Agreement dated 12.04.2024, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have have 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, Bareilly and the same is registered as Marriage Petition No. 631 of 2024. The certified copy of the aforesaid divorce petition is annexed to this settlement-agreement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the applicant no. 1-husband shall pay one time settlement amount of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand only) to the wife which includes permanent alimony, Stridhan and maintenance by way of demand draft.
c) That on 12.04.2024, the applicant no. 1-husband had produced a demand draft bearing no. 000010 dated 10.04.2024 for Rs.1,00,000/- (Rupees One Lakh only) drawn on HDFC Bank in favour of Richa Mehrotra (wife), which was kept on record and the same shall be handed over to the O.P. No. 2-wife today i.e. 26.04.2024 and she has acknowledged the receipt of the same.
d) That today i.e. 26.04.2024 the applicant no. 1-husband has handed over another demand draft bearing no. 000011 dated 10.04.2024 for Rs.50,000/-(Rupees Fifty Thousand only) drawn on HDFC Bank, to the O.P. No. 2 and she has acknowledged the receipt of the same.
e) That it has been agreed between the parties that the remaining amount i.e. Rs. 2,00,000/- (Rupees Two Lakh only) shall be paid by Sharad Gupta (Applicant No. 1-Husband) to Smt. Richa Mehrotra (O.P. No. 2-Wife) at the time of final judgment in Marriage Petition No. 631 of 2024 pending in Family Court, Bareilly by way of demand draft.
f) That it has also been agreed between the parties that all civil and criminal 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.
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 terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse."
5. Learned AGA as well as counsel for the opposite party no. 2 do not dispute the said fact and now nothing remains to be further proceeded with.
6. Applying the principle of law in the case of Gian Singh v. State of Punjab and another 2012 (10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688 and now nothing remains to be further adjudicated and proceedings are liable to be quashed.
7. Accordingly, the present application stands allowed, the proceedings of Complaint Case No. 6280 of 2023 (Smt. Richa Mehrotra Vs. Sharad Gupta and another) under Sections 495, 498A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Ijjatnagar, District Bareilly, including summoning order dated 25.10.2023 passed by learned Chief Judicial Magistrate, Bareilly stands quashed as against the applicants.
8. Liberty is accorded to the opposite party no. 2 to move appropriate application in case, she is aggrieved.
(Vikas Budhwar,J.)
September 1, 2025
A. Prajapati
