Neutral Citation No. - 2025:AHC:31935 Court No. - 77 Case :- APPLICATION U/S 482 No. - 1864 of 2024 Applicant :- Pankaj @ Pankaj Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- Ashok Kumar Chaubey,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mithilesh Kumar Shukla, learned counsel for the applicant, Sri Ashok Kumar Chaubey, learned counsel for the opposite party no. 2 and Sri Rajeev Kumar Singh, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Complaint Case No. 7995 of 2018 (Neha Vs. Pankaj and others) under section 498A, 323 I.P.C. and 4 of Dowry Prohibition Act, Police Station- Chakeri, District- Kanpur Nagar, pending in the court of M.M. Court No- 05, Kanpur Nagar and summoning order dated 05.09.2023 passed by M.M. Court No- 05, Kanpur Nagar. 3. Facts giving rise to the present controversy is that applicant is husband of opposite party no.2 and matrimonial discord between them has culminated into present proceedings which is under challenge. This Court vide order dated 20.02.2024 referred this matter to Mediation Centre of Allahabad High Court. In pursuance of the order of this court, parties have appeared before the Mediation Centre to participate in the mediation proceedings and settled their dispute. As per the mediation report, a settlement agreement was also entered into between the parties on 27.07.2024. Paragraph no. 7 of the settlement agreement dated 27.07.2024 is being quoted as under: "7. In view of the Interim Settlement dated 29.06.2024, 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 u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Kanpur Nagar which is registered as Case No. 1719 of 2024. The certified copy of the aforesaid divorce petition is annexed to this settlement agreement for kind perusal of the Hon'ble Court. b) That as agreed between the parties in para 7(a) of the Interim Settlement, the applicant- husband has produced the certified copy of the withdrawal application u/s 13-A of the Hindu Marriage Act, a copy whereof is annnexed to this settlement agreement for kind perusal of this Hon'ble Court. c) That it has been agreed between the parties that the husband shall pay an amount of Rs.18,00,000/- (Rupees Eighteen Lakh only) to the wife towards permanent alimony including Stridhan and maintenance of daughter. The aforesaid amount shall be paid by way of demand drafts. d) That as agreed between the parties in para 7 (c) of the Interim Settlement, today i.e. 27.07.2024, the husband has handed over four demands drafts of Rs. 10,00,000/- (Rs. Ten Lakh only) to the O.P. No.2- Neha Kanojiya and she has acknowledged the receipt of the same. The details of aforesaid four demand drafts are as under: Sl. No. Demand Draft No. Amount Date Issuing Bank 1. 385399 Rs.5,00,000/- 22.07.2024 UCO Bank 2. 385398 Rs.2,00,000/- 22.07.2024 UCO Bank 3. 131109 Rs.2,00,000/- 22.07.2024 Bank of Baroda 4. 131108 Rs.1,00,000/- 22.07.2024 Bank of Baroda e) That it has been agreed between the parties that the remaining amount i.e. Rs.8,00,000/- (Rupees Eight Lakh only) shall be paid by husband to the wife at the time of final judgment in Case No. 1719 of 2024 pending in the Court of Principal Judge, Family Court, Kanpur Nagar by way of demand draft. f) That it has also been agreed between the parties that all civil and criminal cases (if any) filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. g) 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. h) 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." 4. As the dispute between the parties is purely matrimonial in nature, now they have settled their dispute and application u/s 13-B of the Hindu Marriage Act has also been allowed by the Family Court and considering the fact that a settlement agreement was also entered into between the parties on 27.07.2024 before the Mediation Centre, High Court, Allahabad, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice. 5. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the settlement agreement dated 27.07.2024, the proceeding of the aforesaid case is hereby quashed. 6. The present petition is, accordingly, allowed. Order Date :- 5.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad