Allahabad High Court
Rahul Gupta vs State Of U.P. And 2 Others on 30 July, 2019
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- APPLICATION U/S 482 No. - 30958 of 2018 Applicant :- Rahul Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arun Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Rajiv Joshi,J.
Heard counsel for the applicant and learned A.G.A.
This petition under section 482, Cr.P.C. has been filed to quash the recovery warrant and non bailable warrant dated 9.4.2018 passed by the Principal Judge, Family Court, Farrukhabad in case No. 276/11 of 2015, Soni Gupta and another Vs. Rahul Gupta, under section 128,Cr.P.C. arising out of the order dated 10.1.2014 passed in Maintenance Case no. 128/12 of 2013, under section 125,Cr.P.C. and entire proceedings of aforesaid case no. 276/11 of 2015, under section 128,Cr.P.C. pending before Principal Judge, Family Court,Farrukhabad.
The present matter being a dispute between the husband and wife arising out of matrimonial discord, was earlier referred by the Court vide order dated 6.9.2018 to the Mediation Centre for settlement. Pursuant to the said order, the parties appeared before the Mediation Centre and according to the report dated 29.3.2019 of the Mediation Centre which forms part of the record, the parties have arrived at an settlement dated 29.3.2019, mainly on the following terms:
1.The husband and wife have decided to take mutual divorce on the condition of a permanent alimony including Stridhan of Rs. 10,00,000/-(ten lacs) to be payable by the husband to the wife in three instalments. They have already filed mutual divorce petition no. 148/19, u/s 13-B of the Hindu Marriage Act, before Principal Judge of Family Court, Farrukahabad, copy of which also forms part of the record.
2. On 29.9.2018 the husband has paid through two demand drafts, one dated 6.2.2019 for rupees three lacs and the second dated 12.3.2019 for rupees four lacs, a total sum of Rs. 7,00,000/ (Seven Lacs towards first and second instalments), to the wife and she has acknowledged the receipt thereof.
3. It has been agreed between the parties that remaining amount of the agreed alimony i.e. Rs. 3,00,000/- shall be paid by the husband to the wife by way of demand draft at the time of final judgment in the aforesaid divorce petition.
4. The parties have further agreed that all criminal and civil cases filed by them against each other shall be withdrawn/set aside/quashed by taking appropriate steps before the Court/authority concerned.
In view of the agreement between the parties as indicated above, recovery warrant and non bailable warrant dated 9.4.2018 passed by the Principal Judge, Family Court, Farrukhabad in case No. 276/11 of 2015, Soni Gupta and another Vs. Rahul Gupta, under section 128,Cr.P.C. arising out of the order dated 10.1.2014 passed in Maintenance Case no. 128/12 of 2013, under section 125,Cr.P.C. and entire proceedings of aforesaid case no. 276/11 of 2015, under section 128,Cr.P.C. pending before Principal Judge, Family Court,Farrukhabad, are hereby quashed.
The application stands allowed.
Order Date :- 30.7.2019 SNT/