Allahabad High Court
Gaurav Saini And 8 Others vs State Of U.P. And Another on 24 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:62783 Court No. - 73 Case :- APPLICATION U/S 482 No. - 13218 of 2024 Applicant :- Gaurav Saini And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bed Prakash Rai Counsel for Opposite Party :- G.A. with Case :- APPLICATION U/S 482 No. - 29867 of 2024 Applicant :- Gaurav Saini @ Gaurav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bed Prakash Rai Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri B.P. Rai, learned counsel for the applicants as well as Sri S.P. Singh learned State Law Officer for the State and Sri Satendra Singh, counsel the opposite party No. 2.
2. The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits, thus, with the consent of the parties, the application is being decided at the fresh stage.
3. The leading application has been preferred by the applicants seeking following reliefs:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash and stay the Charge Sheet No. 315 of 2023 dated-13.09.2023, under section- 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, in Case Crime No. 281 of 2023, Police Station- Brahmpuri, District- Meerut, as well as cognizance/ summoning order, passed by the Additional Chief Judicial Magistrate 7th, Meerut in the aforesaid case."
4. This Court on 24.04.2024 proceeded to pass the following orders:
"1. Heard learned Counsel for the applicant and learned A.G.A for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of charge-sheet no. 315 of 2023 dated 13.09.2023, under Sections 468A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, in Case Crime No. 281 of 2023, P.S. Brahmpuri, District Meerut, as well as, cognizance order dated.
3. Learned Counsel for the applicants has submitted that present case arises out of a matrimonial dispute and there is every chance of amicable settlement of dispute outside the Court. It is further submitted that the case may be sent to Mediation and Conciliation Centre, Allahabad High Court for taking an effort for settlement between the parties.
4. In view of above submissions made by learned Counsel for the applicants, it is directed that the applicants shall deposit Rs.15,000/- within two weeks from today through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.
5. In case, the aforesaid amount is deposited, the notice shall be issued to opposite party no.2 returnable within a period of two weeks. Rs.10,000/- out of the aforementioned deposited amount shall be paid to opposite party no.2 as expenses and this case shall be sent to Mediation and Conciliation Centre, Allahabad High Court. Mediation Centre is expected to conclude its proceedings within two months.
6. List this case on 13th September 2024 along with report of Mediation Centre before appropriate Bench.
7. Till the next date of listing, no coercive action shall be taken in the aforesaid case against the applicants-Gaurav Saini, Smt. Mithlesh, Devendra Saini, Arjun, Radhika, Smt. Geetika, Sanjeev Saini, Smt. Kamla and Chandu @ Rajan Saini.
8. It is made clear that if the applicants fail to deposit the amount within two weeks or avoids in participating in the mediation proceedings or delays the proceedings, then coercive measure shall be taken against them as required."
5. There is a settlement agreement executed between the parties on 25.10.2024 before the Allahabad High Court, Mediation and Conciliation Centre, wherein para-8 which was mentioned hereinunber:
"8. In view of the Interim Settlements dated 27.09.2024, the following settlement has been arrived at between the Parties hereto:-
a. That the earlier interim Settlement entered into between the parties shall form a part of this settlement also.
b. That in view of paragraph 8 (a) of the Interim Settlement dated 27.09.2024, the parties have mutually decided to live separately and dissolve their marriage and pursuant to the same they have filed a petition under Section 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Meerut, which is registered as Marriage Petition No. 2650 of 2024. The parties agree that they shall not resile from this petition in any manner whatsoever and they shall take it to its logical conclusion. The parties agree that they shall not resile from this petition in any manner whatsoever and they shall take it to its logical conclusion. The parties further agree that they shall not withdraw their consent from the above Marriage Petition No. 2650 of 2024 filed u/s 13-B of the Hindu Marriage Act before Family Court, Meerut. Parties shall produce the certified copy of the aforesaid divorce petition at the time of hearing before the Hon'ble High Court.
c. That it has been agreed between the parties that in full and final settlement of all financial claims of wife (O. P. No.2) that may accrue against Applicant No.1-husband or his family members, the wife shall be paid a permanent alimony including Stridhan to the tune of Rs.4,50,000/- (Rs. Four Lakh Fifty Thousand Only) by the Applicant No.1-husband. After receiving this entire amount of agreed permanent alimony, the O. P. No.2-wife shall not be entitled to claim in the property of Applicant No.1-husband or her in-laws and she also agrees that she shall not claim any further financial assistance from Applicant No.1-husband. The aforesaid amount shall be paid in installments through demand drafts drawn in favor of wife.
d. That on 27.09.2024, the Applicant No.1-husband has produced a Bankers Cheque bearing no. 597560 dated 21.09.2024 drawn on State Bank of India for Rs.2,50,000/-(Rs. Two Lakh Fifty Thousand Only) in favour of Pinki Saini (wife), which was kept on record and the same is being handed over to Smt. Pinki Saini (O. P. No.2-wife) today ie. 25.10.2024 and she has acknowledged the receipt of the same.
e. That it has been agreed between the parties that the O. P. No.2-wife agrees that in case she withdraw her consent from the aforesaid petition under Section 13-B of the Hindu Marriage Act, she agrees to return the amount of Rs.2,50,000/- along-with current market rate of interest, which is being received by her today. In case, Applicant No.1-husband withdraw his consent from the petition under Section 13-B referred above, the amount being received by the wife today shall stand forfeited in her favour and he shall not be entitled to claim back the said amount in any manner whatsoever.
f. That in view of the paragraph 6 of the aforesaid petition filed u/s 13 B of the Hindu Marriage Act, the remaining amount of Rs.2,00,000/- (Rs. Two Lakh Only) has already been deposited with the Family Court, Meerut through demand draft bearing no. 597557 drawn on State Bank of India, by the Applicant No.1-husband and the same shall be released in favour of the O. P. No.2-wife by the Family Court concerned at the time of passing the final order in the aforesaid divorce petition. In case, the aforesaid demand draft is expired during the pendency of the case, the same shall be renewed by the applicant no.1-husband prior to the date fixed in the Marriage Petition No. 2650 of 2024 before the Family Court, Meerut.
g. That it has been agreed between the parties they shall move withdrawal applications in the cases filed by them against each other before the Family Court concerned within one month from today in view of this settlement-agreement. The details of the cases are as under:
i. Case No. 594/2023 (Smt. Pinki vs. Gaurav) under Section 125 Cr.P.C.
ii. Case No. 20693/2023 (Smt. Pinki vs. Gaurav & Others), under Sections 498A, 323, I.P.C. & % D.P. Act, Thana-Bhrampuri, Meerut.
iii. Case No. 1197/2023 (Smt. Pinki vs. Gaurav Saini), under Section 12 D. V. Act, Thana-Bhrampuri, Meerut.
h. That it has also been agreed between the parties that apart from the cases mentioned above, if any other civil or criminal cases is pending between the parties against each other regarding present matrimonial dispute shall also be withdrawn by the parties concerned within one month from today in view of this settlement-agreement.
i. That the parties further agreed that they shall not file any fresh case/ complaint against each other regarding present matrimonial dispute in any manner whatsoever.
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 the settlement."
6. Insofar as the connected application has been preferred by the applicants seeking following reliefs:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash and stay the ex-parte order dated 13.03.2024, passed by the Additional Chief Judicial Magistrate, Court No.7th, Meerut in Case No. 1197 of 2023 (State Vs. Gaurav and others), under section- 12 Domestic Violation Act, Police Station-Brahmpuri, District- Meerut, pending before the learned Additional Chief Judicial Magistrate 7th, Meerut."
7. On 28.02.2025, the following order have been passed:
"1. Heard Sri Bed Prakash Rai, learned counsel for the applicant and learned A.G.A. for the State.
2. The instant application has been filed seeking quashing of the ex parte order dated 13.3.2024 passed in Case No. 1197 of 2023, under Section 12 of Domestic Violence Act, P.S. Brahmpuri, District Meerut and stay the further proceeding of the aforesaid case.
3. Learned counsel for the applicant submits that the dispute between the parties is matrimonial in nature. The dispute between the same parties was referred to the mediation centre in Application u/s 482 No. 13218 of 2024 wherein an interim settlement agreement dated 25.10.2021 has also been entered into between them and the matter is pending before the mediation centre for execution of final settlement. Therefore, the present matter may be connected with Application u/s 482 No. 13218 of 2024.
4. List this case in the week commencing 24.3.2025 as fresh along with Application u/s 482 No. 13218 of 2024."
8. Learned counsel for the applicants submits that once a settlement agreement has been entered into between the parties on 25.10.2024 before the Allahabad High Court, Mediation and Conciliation Centre then the proceedings in the leading application being Charge Sheet No. 315 of 2023 dated-13.09.2023, under section- 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, in Case Crime No. 281 of 2023 and connected application being Case No. 1197 of 2023 (State Vs. Gaurav and others), under section- 12 Domestic Violation Act, Police Station-Brahmpuri, District- Meerut be set aside as there remains nothing to be proceeded with.
9. Learned AGA as well a the counsel for the opposite party No. 2 do not dispute the said fact and the parties have themselves arrived at settlement thus in the fitness of the matter this Court does not find it appropriate to further proceed with the matter.
10. Thus, this Court finds that there is no reason to proceed with the matter.
11. Accordingly, the application is allowed.
12. The proceedings of leading application in Charge Sheet No. 315 of 2023 dated-13.09.2023, under section- 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, in Case Crime No. 281 of 2023, Police Station- Brahmpuri, District- Meerut, as well as cognizance/ summoning order, passed by the Additional Chief Judicial Magistrate 7th, Meerut as well as in connected application ex parte order dated 13.3.2024 passed in Case No. 1197 of 2023, under Section 12 of Domestic Violence Act, P.S. Brahmpuri, District Meerut, be quashed insofar as it relates to the applicants.
Order Date :- 24.4.2025 A. Prajapati