Allahabad High Court
Bakul Sharma And 6 Others vs State Of U.P. And Another on 10 January, 2023
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 28037 of 2021 Applicant :- Bakul Sharma And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Imran Ibrahim,Anurag Vajpeyi,Rakesh Kumar Singh Counsel for Opposite Party :- G.A.,Jagdish Pathak,Sanjay Kumar Sharma 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 to quash the charge sheet dated 19.12.2020 as well as the entire proceedings of Case No. 113 of 2021 (State Vs. Bakul sharma and Ors. ), arising out of Case Crime No. 94 of 2020, under Sections- 498A, 323, 504, 506, 307, 406, I.P.C., Section 3/4 DP Act, Police Station- Mahila Thana , District- Gautam Budh Nagar, pending in the court of A.C.J.M-III, Gautam Budh Nagar .
3. Learned counsel for the applicant submits that this court vide order dated 23.02.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 09.12.2022 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 09.12.202 . Paragraph 7 and 8 of the said report reads as under:
"7. In view of the Interim settlement Agreements dated 11.11.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have settled their dispute and decide to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Gautam Budh Nagar and the same is registered as Case No. 1528 of 2022. The certified copy of the aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court.
b) That it has been agreed between the parties that the applicant-husband shall pay one time settlement amount of Rs. 20,00,000/- (Rupees Twenty Lakhs only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.
c) That on 11.11.2022, the applicant-husband has produced a demand draft bearing no. 001625 dated 10.11.2022 drawn on Bandhan Bank for Rs. 5,00,000/- (Rupees Five Lakhs only) in favour of Arushi Sharma (wife) and the same has been handed over today i.c. 09.12.2022 to the wife and she has acknowledged the receipt of the same.
d) That it has been agreed between the parties that the remaining amount i.e. Rs. 15,00,000/- (Rupees Fifteen Lakhs only) shall be paid by Mr. Bakul Sharma (Applicant No. 1-Husband) to Ms. Arushi Sharma (O.P. No. 2-Wife) at the time of final judgment in Case No. 1528 of 2022 pending in Family Court, Gautam Budh Nagar by way of demand draft.
e) That Arushi Sharma-O.P. No. 2 moved withdrawal application in Marriage case No. 488 of 2020 before Family Court Gautam Budh Nagar on aforesaid application the court concerned has passed an order dated 22.11.2022, which is being annexed herewith for kind perusal of the Hon'ble Court.
f) That Arushi Sharma-O.P. No. 2 moved withdrawal application in Case No. 113 of 2021 before Additional Civil Judge (J.D.) F.T.C.-II, Gautam Budh Nagar, a certified copy of said application is annexed herewith for kind perusal of the Hon'ble Court.
g) That Arushi Sharma-O.P. No. 2 moved withdrawal application before Principal Judge Family Court, Gautam Budh Nagar in Case No. 282 of 2020 in which an order was passed by the court concerned dated 22.11.2022, which is being annexed herewith for kind perusal of the Hon'ble Court.
h) That it has also been agreed between parties cases filed them against each other regarding present shall withdrawn by the parties concerned taking before the Court/authority concerned.
i) The parties will not file fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also.
j) 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. 28037 of 2021 and all and disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation / Mediation."
4. Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 09.12.2022 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 applicant complying with the terms of settlement agreement noted above.
Order Date :- 10.1.2023 V. Sinha