1 2025:CGHC:37556-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 133 of 2025 1 - Aman Khandelwal S/o Mr. Sunil Khandelwal Aged About 33 Years R/o Ews-111, Bda Colony, Prem Nagar Bareli (U.P.) Pin Code- 243001 2 - Mrs. Ragini Khandelwal W/o Mr. Sunil Khandelwal Aged About 57 Years R/o Ews-111, Bda Colony, Prem Nagar, Bareli (U.P.) Pin Code- 243001 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station-Charama, District- Kanker, Chhattisgarh 2 - Abhilash Mohta S/o Mr. Suresh Kumar Mohta Aged About 34 Years R/o Gram Mahud, District-Kanker, C.G. ... Respondent(s) (Cause title taken from CIS) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.08.01 10:40:44 +0530 2 For Petitioner(s) : Shri Tessy Abraham, Advocate For Respondent/State: Shri Hariom Rai, Panel Lawyer For Respondent No. 2: Shri Anmol Sharma, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 31/07/2025 1. Heard Shri Tessy Abraham, learned counsel for the petitioners. Also heard Shri Hariom Rai, learned Panel Lawyer and Shri Anmol Sharma, learned counsel for the respondent no. 2. 2. The instant CRMP has been filed under Section 528 of the BNSS for quashment of FIR No. 0123/2024 dated 22.08.2024 registered at Police Station Charama, Distt- Kanker (C.G.) for the offences under Section 296, 3(5), 351(2) of BNS 2023 against the petitioners. 3. Learned counsel for the petitioners submits that there was a matrimonial dispute going on between the daughter of Petitioner No.2 & sister of petitioner No.1 and private respondent no. 2. It is stated that criminal proceedings were also pending before the Allahabad High court bearing 3 Criminal Misc. Writ petition No. 3915/2025. 4. In pursuance of the order dated 28.02.2025 passed in the matter by the Allahabad High Court, the matter was referred to the Mediation Centre and firstly an interim settlement agreement arrived between the parties on 28.05.2025 and thereafter final settlement has been taken place between the parties on 09.07.2025. Learned counsel has produced the Photocopy of the said settlement arrived between the parties. From the same it appears that the matter has been amicably settled in the Medication and Conciliation Center at Allahabad High Court. For ready reference the same is quoted below : ALLAH ABAD HIGH COURT MEDIATION AND CONCILIATION CENTRE SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT entered into on 09.07.2025, between Abhilash Mohta (Petitioner No.1-Husband) and Smt. Shruti Mohta (Respondent No.3-Wife). WHEREAS- 1. Disputes and differences had arisen between the Parties hereto and Criminal Misc. Writ Petition No. 3915 of 2025 was filed before the Hon'ble High Court. 2. The matter was referred to mediation/conciliation vide 4 order dated 28.02.2025 passed by bench of Hon'ble Rajiv Gupta, J. and Hon'ble Subhash Chandra Sharma, J. 3. The parties agreed that Ms. Kavita Tomar and Mr. Vidhu Prakash Pandey, Advocates would act as their Conciliators/Mediators, in Mediation Case No. 1315/2025. 4. Several joint and separate meetings were held during the process of Conciliation/Mediation on 23-04-2025, 07- 05-2025, 14-05-2025, 28-05-2025, 11- 06-2025 and 09-07- 2025 and the parties have with the assistance of the Mediators/Conciliators voluntarily arrived at an amicable solution resolving the above-mentioned disputes and differences. 5. That the marriage of Abhilash Mohta (Petitioner No.1- Husband) and Smt. Shruti Mohta (Respondent No.3-Wife) was solemnized on 15.05.2017. Out of aforesaid wedlock the parties have a daughter, namely Km. Ishtika (aged about 7 years), who is living with her mother. The parties started living separately since last 1.5 years. 6. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediators/Conciliators. 7. In view of the Interim Settlement dated 28.05.2025. The following settlement has been arrived at between the Parties hereto:- 5 (a) That the parties have already settled their dispute and decided to dissolve their marriage and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act, before the Principal Judge, Family Court, Bareilly, which is registered as Case No. 1060 of 2025. The parties shall produce the certified copies of the aforesaid divorce petition and order-sheet at the time of hearing before the Hon'ble Court. The parties agree that they shall not resile from the settlement/divorce petition, in any manner whatsoever and take it to its logical conclusion without causing unnecessary impediment. (b) That it has been agreed between the parties that the husband shall pay full and final settlement amount of Rs. 10,00,000/- (Rupees Ten Lakh only) to the wife which includes permanent alimony and Stridhan by way of Demand Draft drawn in her favour. (c) That as per Para 7 (c) of the the Interim Settlement dated 28.05.2025, the husband has produced two demand drafts bearing No.000103 dated 13.05.2025 for Rs.1,00,000/- & D.D. No. 000104 dated 13.05.2025 for Rs.4,00,000/- (total Rs.5,00,000/-) both drawn on HDFC Bank in favour of Shruti Mohta (wife), which were kept on record and same are being handed over today i.e. 09.07.2025 to the Respondent No.3 -wife and she has acknowledged the receipt of the same (d) That it has also been agreed between the parties that 6 they shall not withdraw their consent from the aforesaid divroce petition, in ease husband withdraws his consent the amount of Rs.5,00,000/- received by the wife shall stands. forfeited in her favour and in case wife withdraws her consent from the said divorce petition, she would be liable to return the amount of Rs.5,00,000/- along with the current market rate of interest to the Husband (e) That it has been informed by the parties that the remaining amount ie. Rs.5,00,000/- (Rupees Five Lakh only) shall be paid by Abhilash Mohta (Petitioner No.1-Husband) to Smt. Shruti Mohta (Respondent No.3-Wife) at the time of final judgment/decree in the aforesaid Divorce Petition No. 1060 of 2025 before the Family Court, Bareilly by way of demand draft of a nationalized bank drawn in her favour. (f) That it has further been agreed between the parties that at the time of second motion, the husband shall hand over No objection certificate along with account closure report of the loan account running in the name of wife to the Respondent No.3 (g) That it has 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. (h) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no 7 claim against each other in future also. (i) 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. (j) That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed this settlement. 8.-By signing this Agreement the Parties hereto state that the Criminal Misc. Writ Petition No. 3915 of 2025 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation. DATE: 09.07.2025 5. From perusal of the condition (g) of the said settlement agreement it has been agreed between the parties that all civil and criminal cases filed by them against each other regarding the present matrimonial dispute shall be withdrawn. 6. In view of the above and looking to the mediation report itself that mediation is successful, this CRMP is allowed subject to fulfillment of terms and conditions of the compromise agreement arrived between the parties mentioned in 8 mediation report dated 09.07.2025 and accordingly FIR No. 0123/2024 dated 22.08.2024 registered at Police Station Charama, Distt- Kanker (C.G.) for the offences under Section 296, 3(5), 351(2) of BNS 2023 against the petitioners is here by quashed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib/Amardeep