Allahabad High Court
Aishwarya Bharti vs State Of U.P. And Another on 10 November, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:198325
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 25007 of 2023
Aishwarya Bharti
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Ram Raj Pandey, Shashi Kumar Tiwari
Counsel for Opposite Party(s)
:
G.A., Nirbhay Singh
Court No. - 79
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Ram Raj Pandey, learned counsel for the applicant, Sri Nirbhay Singh, learned counsel for the opposite party No.2 and Mrs. Harshita Rani, learned AGA for the State.
2. The application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 11.2.2024, passed by Additional Chief Judicial Magistrate, Court No.8, Ghaziabad as well as Case No.409 of 2014 (State vs. Aishwarya Bharti), arising out of Case Crime No.294 of 2013, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of DP Act, as well as Charge-sheet dated 27.12.2013, Police Station Mahila Thana Ghaziabad, District Ghaziabad, pending in the Court of ACJM, Court No.8, Ghaziabad.
3. Learned counsel for the applicant submits that brief facts of the care are that the applicant is the husband of the opposite party no.2. They were married to each other on 20.4.2010. Subsequently, there arose differences between them and they are living separately since 27.6.2013. Out of the said wedlock, a child namely, Naman Deep Singh born. He is residing with the opposite party No.2 since then. Due to the aforesaid matrimonial discord between the parties, various cases were filed by the opposite party No.2. During the pendency of the application under Section 125 Cr.P.C. before the Karkardooma Court, Delhi, the matter between the parties was referred to Mediation Center at Karkardooma Court, Delhi, where on 22.2.2018, the parties have settled all their matrimonial differences. According to the said settlement, the parties were ready to dissolve their marriage by moving an application under Section 13-B of Hindu Marriage Act. According to the parties, they had filed a petition under Section 13-B of Hindu Marriage Act, which was allowed vide order dated 17.9.2018 and marriage between the parties was dissolved. The applicant was required to pay a total sum of Rs.12 lacs to the opposite party No.2 against full and final settlement of all her claims against the applicant. Out of the said Rs.12 lacs, Rs.8 lacs have already been paid in the form of FDR in the name of son Master Naman Deep Singh, which has already been acknowledged by opposite party No.2. The remaining amount of Rs.4 lacs was payable as per the aforesaid settlement on quashing of the proceeding of the aforesaid case. Today, learned counsel for the applicant has produced a fixed deposit receipt in the name of son namely, Naman Deep Singh under the guardianship of opposite party No.2 for the sum of Rs.2 lacs and a demand draft in the name of opposite party No.2 for an amount of Rs.2 lacs. The receipt of fixed deposit is handed over to opposite party no.2, who is present in the Court, though the demand draft of alleged Rs.2 lacs has been prepared in the name of opposite party No.2 on 27.11.2024, however, the same cannot be handed over to opposite party No.2 as the validity of the same has expired.
4. The mediated settlement as arrived between the parties reads as under:-
"1. It is agreed between the parties that they shall get their marriage dissolved by obtaining a decree of divorce by mutual consent.
2. It is agreed between the parties that husband shall pay a sum of Rs. 12,00,000/-(Rupees Twelve Lac only) to the wife towards full and final settlement of all her claims including istridhan, permanent alimony & maintenance (present, past and future) etc. for herself as well as for son Master Naman Deep Singh.
3. It is agreed between the parties that husband shall pay a sum of Rs. 4,00,000/-(Rupees Four Lac only) to the wife in the shape of FDR in the name of son Master Naman Deep Singh (to be prepared under the guardianship of petitioner/wife), at the time of recording of statements of parties in first motion petition, which shall be filed within one month from today.
4. It is agreed between the parties that husband shall pay a sum of Rs. 4,00,000/-(Rupees Four Lac only) to the wife in the shape of FDR in the name of son Master Naman Deep Singh (to be prepared under the guardianship of petitioner/wife), at the time of recording of statements of parties in second motion petition, which hsall be filed by the husband after the expiry of statutory period or as permitted by the court.
5. It is agreed between the parties that husband shall pay balance sum of Rs. 4,00,000/-(Rupees Four Lac only) in the manner that Rs. 2,00,000/- (Rupees Two Lac only) in the shape of FDR in the name of son Master Naman Deep Singh (to be prepared under the guardianship of petitioner/wife) and Rs. 2,00,000/- (Rupees Two Lac only) by cash/DD to the wife, at the time of quashing the FIR bearing No. 1195/13, PS Indira Puram (Ghaziabad), under Section 498A/323/504/506/34 IPC, for which, husband shall move to Appropriate Forum and wife shall cooperate by making appropriate statement.
6. It is agreed between the parties that wife shall withdraw the instant petition from the Referral Court after recording the statements in first motion petition.
7. It is agreed between the parties that custody of son Master Naman Deep Singh shall remain with the petitioner/wife and husband shall not claim his visitation or custody rights in future.
8. It is further agreed between the parties that after divorce both the parties shall not claim anything from each other; shall not interfere in personal life of each other and shall not litigate in future qua their marriage in any manner whatsoever.
9 It is agreed between the parties that this settlement is arrived at between them voluntarily, without there being any pressure, coercion, threat and undue influence of any kind and contents of the same have been read over and explained to them in vernaculor.
10. It is agreed between the parties that they shall remain bound by the terms and conditions of this settlement."
5. Since, the demand draft is of 27.11.2024, the same is returned to the applicant herein for encashment through the bank which issued the same and thereafter he is directed to make the payment of the above amount of Rs.2 lacs plus Rs.5000/- towards the traveling expenses of the opposite party No.2 (being the cost of tickets booked by the opposite party No.2) as was directed vide order dated 22.7.2025 by the Family Court No.2, Shahdara, in the Contempt Petition No.09 of 2021 (Ravinder Kaur vs. Aishwarya Bharti filed by the opposite party No.2) within two weeks.
6. Since, it was a matrimonial dispute which has been amicable settled and all the amounts have already been paid except the demand draft of Rs.2 lacs, which was supposed to be paid at the time of quashing of the proceedings, however, the same could not be taken and handed over to the opposite party No.2 due to the issue of validity of the said demand draft.
7. In view of the aforesaid mediated settlement and the dissolution of marriage between the parties, the instant application is allowed subject to the payment of an amount of Rs.2,05000/- by the applicant to the opposite party No.2 within a period of two weeks from today through RTGS in the bank account of Ravinder Kaur bearing Bank Account No.629401523730 (ICICI Bank), Nehru Place Branch, IFSC Code ICIC0006294.
8. Accordingly, entire proceedings of present case is hereby quashed.
9. It is made clear that if the amount as directed above, is not paid within the period of two weeks, the counsel for the opposite party No.2 is at liberty to file an application for recall of this order. The same shall be recalled on non payment of money, as directed above.
10. Learned counsel for the opposite party No.2 also undertakes to withdraw all the cases, if any pending between the parties and will not claim any further amount from the applicant. The amount of Rs.5000/- as directed by the Family Court, Ghaziabad has been paid today in cash by the applicant to opposite party No.2, towards travelling expenses.
(Anish Kumar Gupta,J.) November 10, 2025 Kamarjahan