Citation : 2025 Latest Caselaw 861 Chatt
Judgement Date : 31 July, 2025
1
2025:CGHC:37556-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 133 of 2025
1 - Aman Khandelwal S/o Mr. Sunil Khandelwal Aged About 33 Years
R/o Ews-111, Bda Colony, Prem Nagar Bareli (U.P.) Pin Code- 243001
Digitally
signed by
SHOAIB
SHOAIB ANWAR
ANWAR Date:
2025.08.01
10:40:44
+0530
2 - Mrs. Ragini Khandelwal W/o Mr. Sunil Khandelwal Aged About 57
Years R/o Ews-111, Bda Colony, Prem Nagar, Bareli (U.P.) Pin Code-
243001
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Police Station-Charama, District-
Kanker, Chhattisgarh
2 - Abhilash Mohta S/o Mr. Suresh Kumar Mohta Aged About 34
Years R/o Gram Mahud, District-Kanker, C.G.
... Respondent(s)
(Cause title taken from CIS)
2
For Petitioner(s) : Shri Tessy Abraham, Advocate
For Respondent/State: Shri Hariom Rai, Panel Lawyer
For Respondent No. 2 : Shri Anmol Sharma, Advocate.
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Bibhu Datta Guru, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
31/07/2025
1. Heard Shri Tessy Abraham, learned counsel for the
petitioners. Also heard Shri Hariom Rai, learned Panel Lawyer
and Shri Anmol Sharma, learned counsel for the respondent
no. 2.
2. The instant CRMP has been filed under Section 528 of the
BNSS for quashment of FIR No. 0123/2024 dated 22.08.2024
registered at Police Station Charama, Distt- Kanker (C.G.) for
the offences under Section 296, 3(5), 351(2) of BNS 2023
against the petitioners.
3. Learned counsel for the petitioners submits that there was a
matrimonial dispute going on between the daughter of
Petitioner No.2 & sister of petitioner No.1 and private
respondent no. 2. It is stated that criminal proceedings were
also pending before the Allahabad High court bearing
3
Criminal Misc. Writ petition No. 3915/2025.
4. In pursuance of the order dated 28.02.2025 passed in the
matter by the Allahabad High Court, the matter was referred
to the Mediation Centre and firstly an interim settlement
agreement arrived between the parties on 28.05.2025 and
thereafter final settlement has been taken place between the
parties on 09.07.2025. Learned counsel has produced the
Photocopy of the said settlement arrived between the parties.
From the same it appears that the matter has been amicably
settled in the Medication and Conciliation Center at Allahabad
High Court. For ready reference the same is quoted below :
ALLAHABAD HIGH COURT MEDIATION AND CONCILIATION
CENTRE SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT entered into on 09.07.2025,
between Abhilash Mohta (Petitioner No.1-Husband) and
Smt. Shruti Mohta (Respondent No.3-Wife).
WHEREAS-
1. Disputes and differences had arisen between the Parties
hereto and Criminal Misc. Writ Petition No. 3915 of 2025
was filed before the Hon'ble High Court.
2. The matter was referred to mediation/conciliation vide
4
order dated 28.02.2025 passed by bench of Hon'ble Rajiv
Gupta, J. and Hon'ble Subhash Chandra Sharma, J.
3. The parties agreed that Ms. Kavita Tomar and Mr. Vidhu
Prakash Pandey, Advocates would act as their
Conciliators/Mediators, in Mediation Case No. 1315/2025.
4. Several joint and separate meetings were held during
the process of Conciliation/Mediation on 23-04-2025, 07-
05-2025, 14-05-2025, 28-05-2025, 11- 06-2025 and 09-07-
2025 and the parties have with the assistance of the
Mediators/Conciliators voluntarily arrived at an amicable
solution resolving the above-mentioned disputes and
differences.
5. That the marriage of Abhilash Mohta (Petitioner No.1-
Husband) and Smt. Shruti Mohta (Respondent No.3-Wife)
was solemnized on 15.05.2017. Out of aforesaid wedlock
the parties have a daughter, namely Km. Ishtika (aged
about 7 years), who is living with her mother. The parties
started living separately since last 1.5 years.
6. The parties hereto confirm and declare that they have
voluntarily and of their own free will arrived at this
Settlement Agreement in the presence of the
Mediators/Conciliators.
7. In view of the Interim Settlement dated 28.05.2025. 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, Bareilly, which is
registered as Case No. 1060 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.
10,00,000/- (Rupees Ten 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 the Interim Settlement dated
28.05.2025, the husband has produced two demand drafts
bearing No.000103 dated 13.05.2025 for Rs.1,00,000/- &
D.D. No. 000104 dated 13.05.2025 for Rs.4,00,000/- (total
Rs.5,00,000/-) both drawn on HDFC Bank in favour of Shruti
Mohta (wife), which were kept on record and same are
being handed over today i.e. 09.07.2025 to the Respondent
No.3 -wife 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 ease husband withdraws his consent the
amount of Rs.5,00,000/- 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.5,00,000/- along with the current
market rate of interest to the Husband
(e) That it has been informed by the parties that the
remaining amount ie. Rs.5,00,000/- (Rupees Five Lakh only)
shall be paid by Abhilash Mohta (Petitioner No.1-Husband)
to Smt. Shruti Mohta (Respondent No.3-Wife) at the time of
final judgment/decree in the aforesaid Divorce Petition No.
1060 of 2025 before the Family Court, Bareilly by way of
demand draft of a nationalized bank drawn in her favour.
(f) That it has further been agreed between the parties that
at the time of second motion, the husband shall hand over
No objection certificate along with account closure report of
the loan account running in the name of wife to the
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 matrimonial dispute shall be withdrawn
by the parties concerned by taking appropriate steps before
the Court/authority concerned.
(h) 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.
(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.
(j) 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.
8.-By signing this Agreement the Parties hereto state that the
Criminal Misc. Writ Petition No. 3915 of 2025 and all disputes
and differences in this regard have been amicably settled by
the Parties hereto through the process of
Conciliation/Mediation.
DATE: 09.07.2025
5. From perusal of the condition (g) of the said settlement
agreement it has been agreed between the parties that all civil
and criminal cases filed by them against each other regarding
the present matrimonial dispute shall be withdrawn.
6. In view of the above and looking to the mediation report itself
that mediation is successful, this CRMP is allowed subject to
fulfillment of terms and conditions of the compromise
agreement arrived between the parties mentioned in
mediation report dated 09.07.2025 and accordingly FIR No.
0123/2024 dated 22.08.2024 registered at Police Station
Charama, Distt- Kanker (C.G.) for the offences under Section
296, 3(5), 351(2) of BNS 2023 against the petitioners is here by
quashed.
Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice
Shoaib/Amardeep
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