Allahabad High Court
Shivankit Garg vs State Of U.P. And Another on 2 April, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:45354
Court No. - 52
Case :- APPLICATION U/S 528 BNSS No. - 31220 of 2024
Applicant :- Shivankit Garg
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abhay Kumar Singh,Prateek Kumar
Counsel for Opposite Party :- Ashutosh,G.A.
WITH
Case :- APPLICATION U/S 482 No. - 30648 of 2023
Applicant :- Smt Madhu Garg And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abhay Kumar Singh,Devesh Pandey,J.P. Pandey
Counsel for Opposite Party :- Ashutosh,G.A.
WITH
Case :- APPLICATION U/S 482 No. - 32082 of 2022
Applicant :- Smt Rakhi Agrawal And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Bhuvnesh Kumar Singh,Devesh Pandey,J.P. Pandey
Counsel for Opposite Party :- Ashutosh,G.A.
WITH
Case :- APPLICATION U/S 482 No. - 18437 of 2024
Applicant :- Shivankit Garg
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abhay Kumar Singh,Neeraj Srivastava
Counsel for Opposite Party :- Ashutosh,G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Abhay Kumar Singh, Mr. Neeraj Srivastava, learned counsel for the applicants, Mr. Ashutosh, learned counsel for the opposite party no.2 and Mr. Rizwan Ahmad, learned counsel for the State and perused the material available on record.
2. The aforesaid applications Nos.31220 of 2024, 30648 of 2023 and 32082 of 2022 have been filed with the following prayer:-
"It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to quash the charge sheet dated 14.06.2022, summoning order dated 08.09.2022" under Sections 498-A, 323, 504, 506 IPC & Section ¾ D.P. Act in Criminal Case No.5312 of 2022 (State vs. Shivankit Garg and Others), arising out of Case Crime No.143 of 2022, under Sections 498-A, 323, 324, 504, 506 IPC & Section ¾ D.P. Act, Police Station- Kiratpur, District Bijnor along with entire proceedings of Criminal Case No.5312 of 2022 (State vs. Shivankit Garg and Others), arising out of Case Crime No.143 of 2022, under Sections 498-A, 323, 324, 504, 506 I.P.C. & Section ¾ D.P. Act, Police Station- Kiratpur, District Bijnor, pending in the Court of learned Ist Additional Chief Judicial Magistrate, Bijnor."
3. The aforesaid application No.18437 of 2024 has been filed with the following prayer:-
"It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to quash the summoning order dated 04.09.2023, NBW dated 06.05.2024 and the entire proceeding of Complaint Case No.19761 of 2023 (Pallavi Goel Vs. Shivankit Garg and others), under Section 406 I.P.C., pending in the Court of Civil Judge, Junior Division/F.T.C., Court No.2, Bijnor."
4. In the aforesaid application filed u/s 482 No.31220 of 2024 the following orders dated 10.02.2025, 24.02.2025, 06.03.2025, 07.03.2025 and 19.03.2025 have been passed by this Court respectively:-
Order Date:10.02.2025 "Heard Mr. V.M. Zaidi, learned Senior Counsel assisted by Mr. Abhay Kumar Singh, learned counsel for the applicant, Mr. Ashutosh, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A.-I for the State.
Learned counsel for the applicant submits that in another proceeding the matter was referred to Mediation Centre but the parties could not arrive at any settlement. Today, a request has been made by learned counsel for the parties mentioning that the parties are ready to settle the matter, in case permanent alimony of Rs.85,00,000/- and FDR in the name of opposite party no.2 is given to Smt. Pallavi Goyal, opposite party no.2 and the parties will withdraw all cases filed against each other.
On the specific query raised by the Court, opposite no.2 Smt. Pallavi Goyal, who is present before this Court along with her father and has been identified by her counsel, states that she is ready to settle the matter in case permanent alimony of Rs.85,00,000/- and FDR in the name of opposite party no.2 is given to her. She also states that there are certain documents like Birth Certificate of her son Devansh, who was born in Austin Texas, U.S.A., may be provided to her.
Learned counsel for the applicant submits that applicant is ready to pay the aforesaid amount in installments and on the next date he will come up with a demand draft of Rs.50,00,000/- and FDR in the name of opposite party no.2 as well as certain documents as mentioned above.
As prayed, put up as fresh on 24.02.2025.
Till 24.02.2025, no coercive action shall be taken against the applicant.
Needless to say that in case the aforesaid order is not complied with and draft of Rs.50,00,000/- as well as other conditions are not complied with, the interim order as granted shall automatically stand vacated."
Order Date:24.02.2025 "In compliance of earlier order dated 10.02.2025, learned counsel for the applicant has come up with a demand draft of Rs.50,00,000/- bearing Draft No.165978 dated 13.02.2025 issued from Bank of Baroda in favour of opposite party no.2-Pallavi Goel and the FDR in the name of Pallvi, A/c No.026800PU00002609, Customer ID No.AKH000048 as well as birth certificate of the child- Devansh Garg. The aforesaid demand draft, FDR as well as birth certificate are retained on record of the Court.
Learned counsel for the parties shall file a joint affidavit by the next date, i.e. 06.03.2025 mentioning all the terms and conditions that they will file mutual divorce petition, move applications withdrawing all the cases against each other etc. and the terms and conditions as agreed between the parties.
The applicant, namely, Shivankit Garg alongwith his father, namely, Rakesh Kumar Garg are present before this Court and with permission of the Court, have expressed their feelings that out of the amount, which is being paid to the opposite party no.2, some amount may be kept for well-being and maintenance of the child.
Put up this case on 06.03.2025, as fresh, alongwith application U/s 482 Nos.30648 of 2023, 32082 of 2022 and 18437 of 2024.
Office is directed to keep the aforesaid Demand Draft, FDR as well as birth certificate safely and produce it before the Court when the case is listed on 06.03.2025.
Till the next date of listing, further proceedings pursuant to the aforesaid case shall remain stayed against the applicant herein."
Order Date:06.03.2025 "Heard learned counsel for the applicant, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State.
The applicant (husband) Shivankit Garg and opposite party no.2 (wife) Smt. Pallavi Goyal are present before this Court and have been identified by their respective counsels.
The Court has tried to mediate the matter.
As prayed by learned counsels for the parties, put up this case, as fresh, tomorrow i.e. on 07.03.2025 at 10:00 A.M. Interim order granted earlier is extended till then.
Learned counsels for the parties are expected to file a joint affidavit on the said date with respect to terms and conditions as agreed between the parties."
Order Date:07.03.2025 "Joint affidavit filed by the parties is taken on record.
The applicant - Shivankit Garg, O.P. No. 2 - Smt. Pallavi Goel and Sri Rakesh Kumar Garg, father-in-law of O.P. No. 2 are present before this Court. They have been identified by their respective counsels.
This Court put a specific query to Shivankit Garg and Smt. Pallavi Goel as to whether they have been explained and have understood terms and conditions mentioned in the joint affidavit or have they any objection to it. Their reply is affirmative stating that they do agree to the terms and conditions without any coercion or force.
In view of the above, put up this case on 19.03.2025, as fresh, for further hearing. In the meantime, the parties may file mutual divorce petition and move withdrawal applications in the cases filed against each other.
The applicant is also directed to come up with the deposit of Rs. 35,00,000/- (Rupees Thirty Five Lakh) on the next date fixed in the name of the child to be kept in an interest bearing scheme of Nationalized Bank, which shall be payable to the child after attaining the age of majority.
The parties may file affidavit with regard to the compliance of aforementioned terms, on the next date.
Till 19.03.2025, proceedings of Criminal Case No. 5312 of 2022, State v.Shivankit Garg and others, arising out of Case Crime No. 143 of 2022, under Sections 498-A, 323, 324, 504, 506 IPC and 3/4 D.P. Act, Police Station Kiratpur, District Bijnor, pending in the court of First Additional Chief Judicial Magistrate, Bijnor, shall remain stayed."
Order Date:19.03.2025 "Learned counsel for the applicant has filed supplementary affidavit in the Court today, which is taken on record. Office is directed to register the same.
Heard learned counsel for the applicant, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State.
In compliance of the earlier order, applications to withdraw proceedings pending against each other have been filed and mutual divorce petition has also been filed. An FDR of amount of Rs.35 Lakhs in the name of Devansh Garg MNG Pallavi Goel has been made. A joint bank account of applicant and opposite party no.2 in the name of Devansh Garg MNG Pallavi Goel bearing No.17320300025324 has been opened in Bank of Baroda, Najibabad Branch, District- Bijnor on 18.03.2025 and the applicant has undertaken to deposit the said FDR in the aforementioned account of the minor child.
Learned counsel for the applicant submits that due to inadvertent mistake, the date of maturity of the FDR has been wrongly mentioned, therefore corrected copy of the FDR shall be placed before this Court on the next date.
A week's time is granted to learned counsel for the opposite party no.2 to file an affidavit pointing out any wrong facts in case mentioned in the supplementary affidavit.
Put up this case, as fresh, on 2nd April, 2025.
Till then, no coercive actions shall be taken against the applicant in Criminal Case No.5312 of 2022 (State vs. Shivankit Garg and Others), arising out of Case Crime No.143 of 2022, under Sections 498-A, 323, 324, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station-Kiratpur, District- Bijnor.
On the said date, opposite party no.2-Smt. Pallavi Goyal shall be present before this Court as she is required for handing over the draft (FDR) and other documents which have been provided by the applicant in view of the settlement between the parties.
The S.S.P., Bijnor shall ensure the presence of opposite party no.2 on the said date.
Registrar (Compliance) shall look into compliance of this order."
5. In compliance of aforesaid order dated 19.03.2025, opposite party no.2 Ms. Pallavi Goel is present before this Court and has been identified by her counsel. She has been brought by S.I. Shiv Kumar Singh, PNO No.952540021, Police Station-Kiratpur, District- Bijnor and Mahila Constable, L/c 2407, Omi, PNO No.212140378, Police Station-Kiratpur, District-Bijnor.
6. Ms. Pallavi Goel, opposite party no.2, states that she has read over the supplementary affidavit filed by learned counsel for the applicants before this Court on 19.03.2025 and is satisfied by the averments made in the affidavit as no wrong facts have been placed in the supplementary affidavit.
7. A joint affidavit was filed by the parties wherein they have stated that they have amicably settled the dispute and have decided to separate from each other on the following terms and conditions:-
"8. That they have also arrived at the full and final settlement/agreement to resolve the said dispute according to the compliance of the following conditions: -
(i). It has been agreed between the applicant and opposite party no. 2 that applicant will make the payment of amount of Rs. 85,00,000/- in the form of Draft to the opposite party no. 2. The said amount will be full and final payment of amount of settlement/alimony as well as the amount of maintenance of the minor child Devansh Garg. The opposite party no. 2 after the said settlement will not claim any amount either for herself or for her minor child.
(ii). That the applicant no. 1 in pursuance of the said settlement has submitted the draft no. 165978 of amount of Rs. 50,00,000/- issued from the Bank of Baroda in name of opposite party no. 2 dated 13.02.2025 the applicant has also submitted the original copy of the FDR which is in the name of the opposite party no. 2 of account no. 026800PU00002609 Customer I.D. NO. ΑΚΗ44000048 along with the birth certificate of minor child Devansh Garg before this Hon'ble Court on 24.02.2025. A true copy of the Draft and FDR as well as birth certificate of child Devansh Garg are being collectively filed herewith and marked as Annexure No.-01 to this affidavit.
(iii). That the applicant has to prepare the draft of remaining amount of Rs. 35,00,000/- as amount of alimony and compromise in the name of the opposite party no. 2. The same is also to be produced by the applicant before Hon'ble Court and the same to be hand over to the opposite party no. 2 as per the direction of the Hon'ble Court.
(iv). That it has also been agreed between the applicant and opposite party no. 2 that they will file an application for withdrawing all the criminal and civil cases going on between them and are pending before the learned court below within a period of 1 month from date of this final settlement and will get decide the same as early as possible.
That the applicant will file an application within one month for withdrawing the criminal and civil cases filed by his father on his behalf against the opposite party no. 2 and are pending before the learned court below. The details of case which were filed by the father of the applicant (on behalf of the applicant) against the opposite party no.2 and others is as under:-
(1). Case No. 395 of 2025 (Rakesh Kumar Garg Vs. Pallavi) complaint case pending in the Court of the Learned Additional Chief Judicial Magistrate, Bijnor.
(2). Case No. 396 of 2025 (Rakesh Kumar Garg Vs. Pallavi) pending in the court of the Learned Additional Chief Judicial Magistrate, Bijnor.
(3). Case No. 786 of 2023 (Shivankit Garg Vs. Pallavi Goel) pending before the Court of learned court below.
(4). Case No. 788 of 2023 Shivankit Garg Vs. Pallavi Goel pending before the court of Learned Civil Judge, Bijnor.
(5). Appeal No. 39 of 2024 (Rakesh Kumar Garg Vs. Coun Pallavi Goel) against the order dated 06.04.2024 passed in case no. 89 of 2022 under section 12 of D.V. Act pending before the court of Leaned District and Session judge, Bijnor.
(6). Case No. 787 of 2022 (Shivankit Garg Vs. Pallavi Goel) under section 13 of Hindu Marriage Act pending in the court of Learned Principal Judge, Family Court, Bijnor.
(7). Case No. 93 of 2023 (Rakesh Kumar Garg Vs. Pallavi Goel) pending in the court of Learned Principal Judge, Family Court, Bijnor.
(8). Case No. 173 of 2022 Rakesh Kumar Garg Vs. Pallavi Goel pending in the court of learned Chief Judicial Magistrate, Najibabad, District Bijnor.
That the opposite party no. 2 will also file an application within one month for withdrawing the criminal case filed by her against the applicant and his family members and are pending before the court below. The details are is as under:-
(1). Case No. 376 of 2022 (Pallavi Goel Vs. Shivankit Garg) under section 125 Cr.P.C. pending before the court of Principal Judge, Family Court, Bijnor.
(2). Case No. 5312 of 2022 under section 498A, 323, 504, 506 I.P.C. and section 3/4 D.P. Act pending before the court of Learned Additional Chief Judicial Magistrate, Bijnor.
(3). Case No. 557/2024 for cancellation of bail which is pending before the court of Learned District Judge, Bijnor.
(4). Case no. 89 of 2022 under section 12 of Domestic Violence Act pending before the court of Learned Additional Chief Judicial Magistrate-I, Bijnor.
(5). Case No. 363 of 2024 for Execution of the interim order in respect of Domestic Violence pending in the court of Learned Additional Chief Judicial Magistrate, Bijnor.
(6). Case No. 19761 of 2023 Pallavi Goel Vs. Shivankit and Others under section 406 I.P.C. pending in the court of the Learned Civil Judge (J.D.)/Fast Tract Court, Court no. 2, Bijnor.
That it has also been agreed that the applicant and opposite party no. 2 have to file an application under section 13B of the Hind Marriage Act for seeking decree of mutual divorce within the period of one month, the divorce petition no. 787 of 2022 under section 13 of Hindu Marriage Act filed by the applicant no.1 against the opposite party no. 2 is also pending before the learned Additional Family Court, Bijnor. The applicant and opposite party no. 2 can file the said application under section 13B of Hindu Marriage Act for seeking mutual divorce in the proceeding of said case or separately the same. Both the parties have agreed to get mutual divorce decree in the proceeding of the said case within the period of 3 months without seeking any adjournment of the proceeding of the said case."
8. In view of the aforesaid terms and conditions, they have filed mutual divorce petition before the Court below and also moved withdrawal application which has been mentioned in the supplementary affidavit filed by learned counsel for the applicants before this Court, to which the opposite party no.2 Ms. Pallavi Goel, who is present before this Court has no objection, accordingly, a demand draft of Rs.50,00,000/- dated 13.02.2025 issued from Bank of Baroda, Branch-Powai Mumbai, in favour of opposite party no.2 Ms. Pallavi Goel, F.D.R. of Rs.13,96,116/- in the name of Pallavi Goel, Branch Sl No.026800 A/c No.0000PU00002609, Customer ID No.AKH000048 and birth certificate of Devansh Garg, which was retained by this Court on 24.02.2025, are handed over to Ms. Pallavi Goel in presence of learned counsel for the parties as well as the applicant Shivankit Garg and Rakesh Kumar Garg father of Shivankit Garg, after retaining the photo-copy of the same and the same has been acknowledged by Ms. Pallavi Goel.
9. Learned counsel for the applicants has placed F.D.R. of Rs.35,00,000/- in the name of Devansh Garg MNG Pallavi Goel as has already been stated in the supplementary affidavit and mentioned in the order dated 19.03.2025 that a joint bank account of applicant and opposite party no.2 in the name of Devansh Garg MNG Pallavi Goel bearing No.17320300025324 has been opened in Bank of Baroda, Najibabad Branch, District- Bijnor on 18.03.2025 and the applicant has undertaken to deposit the said FDR in the aforementioned account of the minor child.
10. The aforesaid FDR is returned to the learned counsel for the applicants, after retaining the photo-copy of the same. The aforesaid draft be handed over to Ms. Pallavi Goel, opposite party no.2, at the time of finalisation of mutual divorce petition before the Family Court.
11. Needless to say that F.D.R. of Rs.35,00,000/- will be broken after maturity of 14 years or after Devansh Garg attains maturity, however, in case of any emergency like higher studies of child or medical, the aforesaid FDR may be broken by permission of the Court concerned by moving an application before the Court concerned.
12. Learned counsel for the applicants submits that pursuant to aforesaid agreement between the parties, the opposite party no.2 does not want to pursue the matter against the applicants and all disputes between them have come to an end, and therefore, further proceedings against the applicants in the aforesaid case is liable to be quashed by this Court.
13. Learned A.G.A. as well as learned counsel for the opposite party no.2 also reiterate the submissions made on behalf of the applicants and in so many words has urged before the Court that the opposite party no.2 has no objection if the present application in question is allowed and the impugned proceedings are quashed.
14. Before proceeding any further it shall be apt to make a brief reference to the following cases:
(i) B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675;
(ii) Nikhil Merchant Vs. Central Bureau of Investigation (2008)9 SCC 677;
(iii) Manoj Sharma Vs. State and others ( 2008) 16 SCC 1;
(iv) Gian Singh Vs. State of Punjab (2012) 10 SCC 303;
(v) Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466;
15. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
16. Considering the facts and circumstances of the case, as noted herein above, submissions made by the counsel for the parties, and also the statement given by opposite party no.2 before this Court, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
17. Accordingly, proceedings of charge sheet dated 14.06.2022, summoning order dated 08.09.2022 as well as Criminal Case No.5312 of 2022,(State vs. Shivankit Garg and Others), arising out of Case Crime No.143 of 2022, under Sections 498-A, 323, 324 504, 506 IPC & Section 3/4 D.P. Act, Police Station- Kiratpur, District Bijnor, pending in the Court of learned Ist Additional Chief Judicial Magistrate, Bijnor, in the aforesaid application Nos.31220 of 2024, 30648 of 2023 and 32082 of 2022, are hereby quashed.
18. The proceedings of summoning order dated 04.09.2023, NBW dated 06.05.2024 and Complaint Case No.19761 of 2023 (Pallavi Goel Vs. Shivankit Garg and others), under Section 406 I.P.C., pending in the Court of Civil Judge, Junior Division/F.T.C., Court No.2, Bijnor, in the application filed u/s 482 No.18437 of 2024, are hereby quashed.
19. All the applications are, accordingly, allowed. There shall be no order as to costs.
20. It is open to the learned counsel for the parties to move an application for preponing the date of second motion in the mutual divorce petition as the matter between the parties has already been settled, therefore, no purpose would be solved in keeping the mutual divorce petition pending and the Court concerned is expected to prepone the date of mutual divorce petition and pass appropriate orders in accordance with law.
Order Date :- 2.4.2025 Rahul.