Allahabad High Court
Navneet Kumar Sharma & Others vs State Of U.P. Thru. Prin. Secy. Home. ... on 22 January, 2020
Bench: Anil Kumar, Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 28901 of 2019 Petitioner :- Navneet Kumar Sharma & Others Respondent :- State Of U.P. Thru. Prin. Secy. Home. Deptt. Lko & Others Counsel for Petitioner :- Ashok Kumar Singh,Pankaj Kumar Awasthi Counsel for Respondent :- Govt. Advocate Hon'ble Anil Kumar,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners and learned A.G.A.
The instant writ petition has been filed with the following main prayers :
"Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report lodged by the opposite party no.3 on 13.01.2019 vide F.I.R. No.74 of 2019, under Sections-498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act at P.S.-Mandiyaon, District-Lucknow.
Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.1 and 2 not to arrest or adopt any coercive measure against the petitioners on the basis of First Information Report lodged by the opposite party no.3 on 13.01.2019 vide F.I.R. No.74 of 2019, under Sections-498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act at P.S.-Mandiyaon, District-Lucknow, in the light of judgment and order passed by Hon'ble the Supreme Court in the case of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273.
On 01.11.2019, this Court had passed an order, which reads as under :
"Shri Nivas Rathore Advocate has filed power on behalf of opposite party no.3 is taken on record.
Heard Shri Pankaj Kuamr Awasthi, learned counsel for the petitioners, learned AGA and Shri Nivas Rathore, learned counsel for the opposite party no.3.
Opposite party no.3 is also present in person before this Court and has been identified by her counsel. She has submitted that she has received a sum of Rs. 10,000/- as directed earlier by this Court. She has further submitted that she wants the case to be referred to the Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow.
Accordingly, the matter is referred to the Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow where both the parties shall appear on 15.11.2019. This will be the first date of hearing before the Mediation Centre. A sum of Rs. 50,000/- shall be deposited with the Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow by the petitioners, out of which Rs. 30,000/- shall be given to the opposite party no.3 before the Mediation starts.
List this case after two months or earlier if the mediation fails.
Till the next date of listing the petitioners shall not be arrested in case crime no. 74 of 2019 under sections 498A,323,504,506 IPC and section 3/4 of Dowry Prohibition Act, Police Station-Mandiyaon, District Lucknow."
Learned counsel for the petitioner submits that as per direction of this Court, the matter was referred to the Mediation and Conciliation Center, High Court, Lucknow Bench, Lucknow for mediation and settlement of the dispute between the parties and the dispute arisen between the parties has been settled between them on 13.12.2019. The settlement/agreement entered between the parties reads as under :
"That both the parties have agreed to dissolve their marriage solemnized on 28.04.2016 according to Hindu Rites and Rituals and decided to live separately in future for which they have filed, an application for divorce under Section 13-B of HIndu Marriage Act, 1955 bearing Case No.3269 of 2019 (Navneet Kumar Sharma vs. Smt. Neha Pandey), in the Court of Principal Judge, Family Court, Lucknow which is pending and both the parties hereby undertake to appear before the Principal Judge, Family Court, Lucknow on the date fixed for dissolution of their marriage with the decree of divorce by mutual consent.
That second party (Wife) agreed for full and final settlement of their dispute and differences including dissolution of their marriage by mutual consent in lieu of an amount of Rs. 8,20,000/- (Rupees Eight Lakh twenty Thousand only) as permanent alimony and first party is agreed to pay the said amount as permanent alimony to the second party in lieu of dissolution of their marriage by mutual consent and for full and final settlement of their dispute and differences.
That out of the agreed amount Rs.8,20,000/- (Rupees Eight Lakh twenty thousand only) Rs.4,20,000/- (Rupees Fourt Lakh Twenty Thousand only) has already been handed over the Second Party - Neha Pandey which is acknowledged by her.
That the amount of Rs.4,00,000/- (Rupees Four Lakh Only) shall be paid to the Second Party-Neha Pandey by the First Party-Navneet Kumar Sharma on the date fixed for dissolution of their marriage in the Case No.3269 of 2019 before Principal Judge Family Court Lucknow.
Both the parties agreed to withdraw/not press the case mentioned herein below:
(i) Case Crime No.74 of 2019 under Sections-323, 504, 506, 498A I.P.C. and 3/4 D.P. Act (Neha Pandey vs. Navneet Kumar Sharma & Ors.) at P.S.-Madiyaon, Lucknow.
(ii) Case No.1550 of 2019 under Section 9 of Hindu Marriage Act (Navneet Kumar Sharma vs. Neha Pandey) pending before Principal Judge, Family Court, Gaziabad.
That the parties undertake that both the parties will facilitate the concerned Court or appropriate Court to pass a decrce of divorce by mutual consent and if any of them fail to do so or violates the terms and conditions of this settlement agreement he/she will make himself//herself liable for playing fraud with the Court and for contempt of the Court.
That it is also agreed between the parties that neither they themselves, nor any member of their respective families, shall institute any maliclous prosecution, in the form of any criminal or civil proceedings against each other, or any of their relatives or family members, in future in respect of their marriage or any matter incidental there to and if any proceeding has already been initiated or pending at any stage, including the stage of Investigation, the same would stand disposed off in terms of this Settlement Agreement.
That the parties agreed that after aforesaid payment towards full and final settlement of their matrimonial dispute and differences nothing, including the articles, remains to be paid/exchanged by either parties. All disputes and differences in this regard have been amicably settled by the parties hereto through this settlement agreement.
That both the parties will be free to marry any person of their choice after passing of the decree of divorce by the competent court concerned and that there shall be no interference by any party of this settlement in the personal life of the other party in future."
Thus, taking into consideration the settlement/agreement entered between the parties before the Mediation Center on 13.12.2019, the impugned F.I.R., under challenge in the present writ petition, is hereby quashed.
In the result, writ petition is allowed.
(Virendra Kumar Srivastava,J.) (Anil Kumar,J.) Order Date :- 22.1.2020 Mahesh