Court No. - 75 Case :- APPLICATION U/S 482 No. - 39992 of 2024 Applicant :- Saurabh Attrish And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Pandey Counsel for Opposite Party :- Ajeet Kumar,G.A.,Naresh Kumar Singh Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Pradeep Kumar Pandey, learned counsel for the applicants, Sri Naresh Kumar Singh, learned counsel for opposite party no.2 and Ms Harshita Rani, learned AGA for the State. 2. The present application has been filed to quash the impugned charge sheet no.195 of 2024 dated 10.06.2024 along with the entire proceedings of Case No.5462 of 2024, State Vs. Saurabh Attrish and Others as well as impugned cognizance and summoning order dated 20.09.2024, arising out of FIR/Case Crime No.400 of 2022 dated 02.08.2022, under Sections-498-A, 323, 307, 504, 406 IPC and Section 3/4 Dowry Prohibition Act, Police Station-Jahangirabad, District-Bulandshahr, pending in the court of Additional Chief Judicial Magistrate, Court No.1, District-Bulandshahr. 3. Facts giving rise to the present controversy is the matrimonial discord between applicant no.1 and opposite party no.2 has culminated into the impugned proceeding, which is under challenge. 4. Learned counsel for the applicants and learned counsel for opposite party no.2 have jointly submitted that parties have settled their dispute amicably and their matter was referred to the Mediation Centre vide order dated 02.08.2022 in anticipatory bail application no.9720 of 2022. In pursuance of that order, parties have appeared before the Mediation Centre and settlement agreement dated 06.05.2023 has also been entered into between the parties. Paragraph no.7 of the settlement agreement dated 06.05.2023 is being quoted as under: “7) In view of the Interim Settlement dated 04.03.2023, the following settlement has been arrived at between the Parties hereto:- a) The parties have already settled their dispute and filed a divorce petition u/s 13-B of the Hindu Marriage Act before the Family Court, Bulandshahr, which is registered as Case No. 536/2023, in which next date is fixed as 04.11.2023. The certified copy of aforesaid divorce petition and order-sheet are being annexed to this settlement for kind perusal of the Hon'ble Court. b) That it has been agreed between the parties that the husband shall pay an amount of Rs. 20,00,000/- (Rupees Twenty Lakh Only) as permanent alimony including Stridhan to the wife and maintenance and after receiving this amount, she shall not be entitled to claim any further maintenance of any nature whatsoever from the husband and his family members in any manner whatsoever under any circumstances nor she shall stake any claim in the property of applicant or his family members under any circumstances or under any law. c) That on 04.03.2023, the Applicant-husband has produced a demand draft bearing no. 500372 dated 22.02.2023 drawn on ICICI Bank for Rs. 10,00,000/- (Rs. Ten Lakh Only) in favour of Aakanksha Raghuvanshi (wife), which was being kept in the file concerned and the same has been handed over to the wife today Le. 06.05.2023 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. 10,00,000/- (Rs. Ten Lakh Only) shall be paid to Smt. Aakanksha (O.P. No. 2-Wife) by Saurabh Attrish (Applicant-husband) at the time of final judgment- decree before the Family Court, Bulandshahr, by way of demand draft drawn on a nationalized bank. e) That as agreed between the parties, Smt. Aakanksha (O.P. No. 2-Wife) has moved withdrawal application in Case No. 402/2022, u/s 12 of the DV. Act, pending before the Family Court Bulandshahr, and produced certified copy of the same before the Centre and the same is annexed herewith for kind perusal of this Hon'ble Court. f) That it has been stated by the applicant-husband that he had moved withdrawal in Case No. 1682 of 2022 (Saurabh Attrish vs. Smt. Aakanksha) pending before Family Court, Meerut but unable to produce the certified copy of the same, as such, he undertake to produce the certified copy of the same before the Hon'ble Court at the time of hearing. g) That it has also been agreed between the parties that apart from the case mentioned above, if any, civil or criminal case is pending between the parties against each other regarding present matrimonial dispute shall also be withdrawn by the parties concerned as soon as possible in. view of this settlement-agreement. h) That the parties further agreed that they shall not file any fresh case/ complaint against each other regarding present matrimonial dispute in any manner whatsoever. i) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement- agreement, otherwise the aggrieved party will be free to take legal recourse." 5. As the dispute between the parties has already been settled through mediation centre and settlement agreement dated 06.05.2023 has also been entered into between them wherein parties have decided to terminate the proceeding including the impugned proceeding against each other. In such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice. 6. 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 06.05.2023, the proceeding of the aforesaid case is hereby quashed. 7. The present petition is, accordingly, allowed. Order Date :- 18.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad