BHAGAT RAJAURA @ GAURAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/10423/2023 · 2025-05-12
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17864 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17864 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:80881 Court No. - 75 Case :- APPLICATION U/S 482 No. - 10423 of 2023 Applicant :- Bhagat Rajaura @ Gaurav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhitab Kumar Tiwari,Shaili Ganguly Counsel for Opposite Party :- G.A.,Jagadeesh Prasad Chaurasiya,Pramod Kumar Chaudhary Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Ms. Pragati, Advocate, holding brief of Ms. Shaili Ganguly, learned counsel for the applicants and Sri Mohd. Shoeb Khan, learned A.G.A. for the State.
2. No one appears on behalf of opposite party no. 2 despite service of notice by learned counsel for the applicants through Whatsapp which is available on record.
3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 11.05.2022 and bailable warrant dated 17.11.2022 and entire proceedings in Case Crime No. 17 of 2021 under section 498-A, 323 I.P.C. and 3/4 D.P. Act, Police Station- Mahila Thana, District- Meerut.
4. Facts giving rise to the present controversy are that applicant no. 1 is husband of opposite party no.2 and matrimonial discord between them has culminated into present proceedings.
5. Learned counsel for the applicants has submitted that this Court vide order dated 05.04.2023 considering the fact that the dispute is matrimonial in nature referred this matter to Mediation Centre, High Court, Allahabad. In pursuance of the
order of this court, parties have appeared before the Mediation Centre to participate in the mediation proceedings which has resulted into settlement agreement dated
04.11.2023. 6. From the perusal of record, it appears that there is a report of Mediation Centre dated 05.11.2023 wherein it is mentioned that mediation is completed and agreement is enclosed. From the perusal of settlement agreement dated 04.11.2023, it appears that parties have decided to withdraw the cases filed against each other as well as file application u/s 13-B of the Hindu Marriage Act. Paragraph no. 7 of the settlement agreement dated 04.11.2023 is being quoted as under:
"7. In view of the Interim Settlement dated 07.10.2023, the following settlement has been arrived at between the Parties hereto:- a) That the parties have 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 Principal Judge, Family Court, Meerut and the same is registered as Case No. 2728 of 2023. The certified copy of the aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court. b) That it has been agreed between the parties that the applicant no. 1- husband shall pay an amount of Rs. 15,00,000/- (Rupees Fifteen Lakh only) to the wife towards permanent alimony including Stridhan and all other financial claims. The aforesaid amount shall be paid by way of demand drafts. c) That today i.e. 04.11.2023, the applicant no. 1-husband has handed over a demand draft bearing no.502092 dated 02.11.2023 for Rs. 7,50,000/- (Rupees Seven Lakh Fifty Thousand only) drawn on ICICI Bank in favour of Neha Deol (wife) 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. 7,50,000/- (Rupees Seven Lakh Fifty Thousand only) shall be paid by applicant no. 1-husband to O.P. No. 2-Wife at the time of final judgment in Case No. 2728 of 2023 pending in the Court of Principal Judge, Family Court, Meerut by way of demand draft. e) That it has also been agreed between the parties that all civil and criminal cases 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.
f) 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. g) 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."
7. Considering the fact that parties have settled their dispute and a settlement agreement was also entered into between the parties on 04.11.2023 before the Mediation Centre, High
Court, Allahabad, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice. 8. 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 04.11.2023, the proceeding of the aforesaid case is hereby quashed. 9. The present petition is, accordingly, allowed.
Order Date :- 13.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad