Allahabad High Court
Ravi Kumar And 4 Others vs State Of U.P. And Another on 8 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. - 19278 of 2022 Applicant :- Ravi Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed with a prayer to quash the Charge Sheet dated 23.02.2021 along with cognizance/summoning order dated 07.04.2021 as well as entire proceeding of Case No.1490 of 2021 (State Vs. Ravi Kumar and others) arising out of Case Crime No.30 of 2021, under Sections 498-A, 354, 323, 504, 342, 313, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Nakhasa, District Sambhal, pending in the Court of Chief Judicial Magistrate, Sambhal at Chandausi with a further prayer to stay further proceeding of aforesaid case.
3. Learned counsel for the applicants submits that this court vide order dated 4.7.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 14.12.2022 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 14.12.2022. 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 both the parties agree to file a case for mutual divorce u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Sambhal at Chandausi in the first week of January, 2023. The parties shall produce the certified copy of the divorce petition before the Centre on the next date fixed i.e. 11.01.2023.
b) That it has been agreed between the parties that the husband shall pay a permanent alimony including Stridhan of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand Only) to the wife through demand draft drawn in her favour.
c) That it has been agreed between the parties that on the next date fixed i.e. 11.01.2023, the applicant no. 1-husband shall bring a demand draft of Rs. 1,00,000/- (Rs. One Lakh Only) in favour of wife (O. P. No. 2), and the same shall be handed over to the wife at the time of final settlement.
d) That it has been agreed between the parties that the remaining amount of Rs. 1,50,000/- (Rs. One Lakh Fifty Thousand Only) shall be deposited with the Family Court, Sambhal at Chandausi by the Applicant No. 1-husband (Ravi Kumar) through demand draft drawn in favour of the wife-O. P. No. 2 within 15 days prior to the date fixed before the Family Court, Sambhal at Chandausi, for second motion. After recording the statements of the parties at the time of second motion and passing the divorce decree in the aforesaid divorce petition, the aforesaid deposited demand draft of Rs. 1,50,000/- may be released by the aforesaid Family Court, Sambhal at Chandausi in favour of the wife-O. P. No. 2. After getting the aforesaid entire amount the wife- O. P. No. 2 will have no right to claim any maintenance etc. against the applicant no. 1-husband and his family members/relatives in any manner whatsoever.
e) That in the meantime, the cases (if any) filed by either of the party against each other shall be kept in abeyance.
f) That it has been agreed between the parties that they shall appear again before the Centre on 11.01.2023."
4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 14.12.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.
5. The present application is allowed, subject to the applicants complying with the terms of settlement agreement noted above.
6. However, if is left open to the opposite party no. 2 to seek recall of this order, if just cause survives.
Order Date :- 8.2.2023 SA