Allahabad High Court
Deena Nath Goand And Anr vs State Of U.P. And Another on 2 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. - 33371 of 2019 Applicant :- Deena Nath Goand And Anr Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 16.11.2017 passed by 1st Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Amroha as well as entire proceedings of (Case No.1198 of 2018) Complaint Case No.277 of 2017 (CNR No.UPJB-05008292017), under Sections 498-A, 323, 504, 506, 495, IPC & 4 Dowry Prohibition Act, Police Station-Mahila Thana, Hathras, District-Amroha.
Learned counsel for the applicants submits that this court vide order dated 13.09.2019 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 07.10.2021 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 & 8 of the settlement/agreement dated 07.10.2021. Paragraph 7 & 8 of the said report reads as under:
"7. In view of the Interim Settlement dated 16.09.2021 the following settlement has been arrived at between the Parties hereto:
a) That the parties have 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, Amroha, which is registered as Case No. 558 of 2021 in which next date as 28 03.2022 The certified copy of aforesaid divorce petition and order-sheet are being annexed to this settlement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that Deena Nath (Applicant No 1-husband) shall pay an amount of Rs 3,80,000/- (Rs Three Lakh Eighty Thousand only) to the wife which includs permanent alimony and Stridhan of the wife.
c) That on 16.09.2021, the applicant-husband had produced a demand draft bearing no: 270025 dated 14.09.2021 drawn Union Bank of India for Rs 1,90,000/- (One lakh Ninety thousand only) issued in favour of Geeta Gaud (O.P No 2-wife), which was kept in the file concerned, has been handed over to the wife today i.e. 07.10.2021 and she has acknowledged the receipt of the same.
d) That it has been agreed between the parties that the remaining amount ie Rs. 1,90,000- (One lakh Ninety thousand only) shall be paid by Deena Nath (Applicant No 1-husband) to Geeta Gaud (OP No 2-wife) at the time of final judgment before Principal Judge, Family Court Amroha, 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 it has also been agreed between the parties that they will not file any case! complaint against each other regarding the present matrimonial dispute in future also.
8. 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. 8-By signing this Agreement the Parties hereto state that the Application U/S 482 No. 33371 of 2019 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 07.10.2021 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 opposite party no.2 to seek recall of this order if the terms of the settlement is not complied with by the applicants.
Order Date :- 2.2.2023 Jitendra