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Aman Khandelwal vs State Of Chhattisgarh
2025 Latest Caselaw 861 Chatt

Citation : 2025 Latest Caselaw 861 Chatt
Judgement Date : 31 July, 2025

Chattisgarh High Court

Aman Khandelwal vs State Of Chhattisgarh on 31 July, 2025

Author: Ramesh Sinha
Bench: Ramesh Sinha
                                                          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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