Allahabad High Court
Shahrukh Khan And 3 Others vs State Of U.P. And Another on 6 February, 2023
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 9711 of 2021 Applicant :- Shahrukh Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azad Khan,Alok Kumar Singh,Gautam,Mohd. Shamim Counsel for Opposite Party :- G.A.,Arvind Prabodh Dubey Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present Section 482 Cr.P.C. application has been filed for quashing the proceeding of Case Crime No.0032 of 2020, (State of U.P. Vs. Shahrukh Khan and others) pursuant to charge sheet bearing No.08 of 2021 dated 10.11.2020, under Sections 498-A, 377, 342, 504, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, district Gorakhpur.
Learned counsel for the applicants submits that this court vide order dated 9.7.2021 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 3.4.2022 between the parties. A copy of the same is on record. Perusal of the settlement/agreement thus reached reveals that the parties have amicably settled their dispute and further agreed to withdraw the cases between them. The said fact has been mentioned in para 7 and 8 of the settlement/agreement dated 3.4.2022. Paragraph 7 and 8 of the said report reads as under:
"7.The following settlement has been arrived at between the Parties hereto:-
a) That the parties have produced a copy of notarized settlement duly signed by them and stated that they have already settled their dispute and terms and conditions of the settlement has been mentioned therein. The aforesaid settlement is annexed herewith for kind perusal of the Hon'ble Court and the same shall be a part of the settlement also.
b) That It had been agreed between the parties that the applicant-husband shall pay an total amount of Rs. 14,00,000/- (Rupees Fourteen Lakh only) to the wife by way of demand drafts which shall include the amount of Mehar, Iddat, Muddat and Maintenance of the wife O.P. No.2.
c) That as agreed between the parties out of Rs. 14,00,000/- (Rupees Fourteen Lakh only), Rs. 7,00,000/- (Rupees Seven Lakh only) had been paid on 13.03.2022 to the O.P. No. 2-wife by the applicant-husband and she has acknowledged the receipt of the same and the remaining amount i.e. Rs. 7,00,000/- (Rupees Seven Lakh only) has been paid to wife today i.e. 03.04.2022 through demand draft bearing no. 004522 dated 21.03.2022 drawn on HDFC Bank and she has acknowledged the receipt of the same.
d) That the O.P. No. 2-wife moved withdrawal application in Petition No. 490 of 2020 before the Family Court, Gorakhpur. The Principle Judge, Family Court. Gorakhpur has allowed the withdrawal application on 22.03.2022. The certified copy of the same is annexed herewith for kind perusal of the Hon'ble Court.
e) That the wife has also moved withdrawal application in Original Suit No. 7812 of 2020 filed u/s 12 of the D.V. Act on 15.03.2022 before the A.C.J.M.-I, Gorakhpur. The certified copy whereof is annexed herewith for kind perusal of the Hon'ble Court.
f) That the wife moved an application before the Civil Judge (J.D.)/F.T.C., Gorakhpur in Case Crime No. 32 of 2020 filed u/s 498-A, 377, 342, 504, 506, 323 IPC. P.S.- Mahila, District-Gorakhpur and % of the D.P. Act stating therein that the aforesaid case may be decided in view of the settlement-agreement entered into between the parties before the Allahabad High Court Mediation and Conciliation Centre. The certified copy of the withdrawal application is annexed herewith for kind perusal of the Hon'ble Court.
g) That the wife has also moved withdrawal application in Case No.337 of 2020 filed u/s 125 of Cr.P.C. before the Principal Judge, Family Court, Gorakhpur. The Principal Judge, Family Court, Gorakhpur has passed an order dated 22.3.2022 allowing the aforesaid withdrawal application of the wife, a certified copy whereof is annexed herewith for kind perusal of the Hon'ble Court.
h) 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.
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.
8.-By signing this Agreement the Parties hereto state that the Application U/S 482 No. 9711 of 2021 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."
Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 3.4.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
In view of the above, the present application is allowed.
However, it is left open to the opposite party no.2 to seek recall of this order if just cause survives.
Order Date :- 6.2.2023 SP