Allahabad High Court
Rahul And Another 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. - 15417 of 2022 Applicant :- Rahul And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Kumar,Rakesh Kumar Pandey Counsel for Opposite Party :- G.A.,Rajesh Kumar Yadav Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ashish Kumar, learned counsel for the applicants; Sri Rajesh Kumar Yadav, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 19.01.2022 as well as the entire proceedings of Criminal Complaint Case No. 160 of 2019 (Shivani Vs. Rahul & Ors.), under Sections - 498-A and 323 I.P.C. and Section 4 of D.P. Act, Police Station - Mauranipur, District - Jhansi, pending in the court of Judicial Magistrate, Mauranipur, Jhansi.
3. Learned counsel for the applicants submits that this court vide order dated 22.06.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 15.11.2022 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 paragraph nos. 7 and 8 of the settlement/agreement dated 15.11.2022. Paragraph nos. 7 and 8 of the said report reads as under:
"7. In view of the Interim Settlement Agreement dated 20.10.2022, the following settlement has been arrived at between the Parties hereto:-
a) That the parties have already settled their dispute and decided to live separately and in this regard they have filed a petition us 13-B of the Hindu Marriage Act before the Family Court, Jhansi and the same is registered as Case No. 1122 of 2022. The parties stated that all the terms and conditions of the settlement has also been mentioned in aforesaid divorce petition, which forms a part of the settlement. The certified copy of the aforesaid divorce petition is being filed herewith to this settlement 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. 7,00,000/- (Rupees Seven Lakhs only) which includes permanent alimony, maintenance and Stridhan of the wife by way of Demand Draft.
c) That as agreed in paragraph no. 7 (c) of Interim settlement Dated 20.10.2022 the applicant husband has produced a demand draft bearing no. 066623 dated 05.11.2022 for Rs. 4,00,000/- (Rupees Four Lakhs only) drawn on Bank of Baroda in favour of SHIVANI KHARE (wife) and the same has been handed over today i.e. 15.11.2022 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. 3,00,000/- (Rupees Three Lakhs only) shall be paid by Mr. Rahul (Applicant No. 1-Husband) to Ms. Shiwani (O.P. No. 2-Wife) at the time of final judgment in Case No. 1122 of 2022 pending in Family Court, Jhansi by way of demand draft.
e) That in view of the interim settlement dated 20.10.2022 it has been agreed between the parties that the jewelry/belonging to be exchanged between the parties on 10.11.2022 but due to some unavoidable circumstances. The applicant-husband could not bring the aforesaid jewelry/belonging and those jewelry/belonging have been exchanged between them today i.e. 15.11.2022 and they have acknowledged the same.
f) That it has been agreed between both the parties that a gold ring has been lost by the applicant-husband and in lieu of he has paying Rs. 35,000/- (Rupees Thirty Five Thousand only) through a demand draft bearing no. 066625 dated 14.11.2022 drawn on Bank of Baroda in favour of SHIVANI KHARE (wife) today i.e. 15.11.2022 and she has acknowledged the receipt of the same.
g) That it has also been agreed between the parties that all civil and criminal cases filed by them against each other or their family members regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.
h) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also.
i) 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. 15417 of 2022 and all 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 15.11.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.
5. In view of the above, the present application is allowed. However, it is left open to the opposite party no.2 to seek recall of this order, if just cause survives.
Order Date :- 8.2.2023 Abhilash