HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 6953 of 2024 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Ashish Singh, learned counsel for the applicants, Sri S.K. Singh, learned A.G.A. and Sri Rajesh Dwivedi for O.P. No.2. 2. This is an application under Section 482 of CrPC preferred by the applicants for quashing the order dated 16.10.2023 passed by the Metropolitan Magistrate II, Kanpur Nagar in Complaint case no. 77813 of 2021 (Smt. Muskan Vs. Sagar Kanojia and others) under section 498A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act as well the entire proceedings of complaint case no. 77813 of 2021 (Smt. Muskan Vs. Vs. Sagar Kanojia and others) under section 498A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act, Police station Chakeri, District Kanpur Nagar pending in the court of Metropolitan Magistrate II, Kanpur Nagar. 3. This Court on 22.03.2024 proceeded to pass the following orders:- "Heard Sri Ashish Singh, learned counsel for the applicants and Sri Raj Bahadur Verma, learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed to set-aside the entire proceedings as Complaint Case No. 77813 of 2021 (Smt. Muskan Vs. Sagar Kanojia & others) under Sections 498-A, 323, 504 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Chakeri District- Kanpur Nagar, pending in the court of Metropolitan Magistrate IInd, Kanpur Nagar as well as order dated 16.10.2023. Learned counsel for the applicant submits that the matter relates to matrimonial dispute and applicant (husband) is ready and willing to settle the dispute amicably and keep the opposite party no. 2 with him. In order to show his bona fides the applicant is ready to deposit Rs. 30,000/- to be handed over to the wife on her first appearance. Learned counsel for the applicant urged that the case may be referred to Versus Counsel for Applicant(s) : Ashish Singh Counsel for Opposite Party(s) : G.A., Rajesh Dwivedi Sagar Kanojia And Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation. The Court is also satisfied on the basis of record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility. Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The applicant will deposit Rs.30,000/- within three weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same, Rs.27,000/- shall be handed over to the wife on her first appearance with regard to her maintenance and minimum expenses. Rs.3,000/- will remain deposited with the Mediation Centre. The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation. Put up this case as fresh on 29.07.2024 along with report of the mediator. Till the next date of listing, proceeding of Complaint Case No. 77813 of 2021 (Smt. Muskan Vs. Sagar Kanojia & others) under Sections 498-A, 323, 504 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Chakeri District- Kanpur Nagar, pending in the court of Metropolitan Magistrate IInd, Kanpur Nagar, shall remain stayed. It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the applicant in the mediation proceedings, the interim stay order shall stand automatically vacated." 4. There is a report of Allahabad High Court Mediation Centre dated 08.08.2024, which reads as under:- "7. The following settlement has been arrived at between the Parties hereto:- a. That the Applicant No.1 and the O.P. No.2 have agreed to live separately and mutually agreed to dissolve their marriage by filing a joint petition under Section 13- B of the Hindu Marriage Act, before the Family Court, Kanpur Nagar on or before 31.08.2024. Both the parties agree that they shall not resile from this proceedings/settlement/ divorce petition in any manner whatsoever nor they shall create any impediment in the logical conclusion of this petition. b. That in full and final settlement of all the financial claims of O.P. No.2- wife that may accrue against the Applicant No.1 or their family members, the Applicant No.1 has agreed to pay a sum of Rs.10,00,000/- (Rs. Ten Lakh Only) which will be towards her Stridhan or any other belonging and after receiving this amount she shall not be entitled to claim any Stridhan and maintenance of any nature whatsoever under any Act or under any provisions/ under any law. This amount of Rs. 10,00,000/- (Rs. Ten Lakh Only) shall be paid in three installments. c. That the first installment of Rs.4,50,000/- (Rs. Four Lakh Fifty Thousand Only) shall be paid by the Applicant No.1-husband to the O.P. No.2 by means of bank demand draft duly drawn from a nationalized bank in her name (Muskan Kanoujiya) payable at Kanpur on the date of first motion of the aforesaid petition to be filed under Section 13-B of the Hindu Marriage Act before the Family Court, Kanpur A482 No. 6953 of 2024 2 Nagar. d. That the next installment of Rs.4,50,000/- shall be paid in the same modalities by the Applicant No.1 to the O.P. No.2 on the date of second motion of the petition under Section 13-B of the H.M. Act. e. That likewise, the applicant no.1 has agreed to pay a sum of Rs.1,00,000/- (Rs. One Lakh Only) in the same modalities to the O.P. No.2 at the time of quashing of the Complaint Case No. 77813 of 2021 (Smt. Muskan Vs. Sagar Kanojia & others) under Sections 498-A, 323, 504 of Indian Penal Code and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Chakeri District- Kanpur Nagar, pending in the court of Metropolitan Magistrate IInd, Kanpur Nagar giving rise to the present Criminal Misc. Application No. 6953 of 2024. f. That the O.P. No.2 had agreed that after institution of petition under Section 13-B of the Hindu Marriage Act before the Family Court, Kanpur Nagar and receiving the amount of Rs.4,50,000/- (Rs. Four Lakh Fifty Thousand Only) on the date of first motion of the petition under Section 13-B of the H.M. Act, thereafter she shall file a copy of this Settlement and withdraw the petitions instituted by her under the provisions of Protection of Women from Domestic Violence Act and maintenance proceedings initiated by her under Section 125 Cr.P.C. by filing a copy of this Settlement. g. That likewise, the Applicant No.1 also agrees to withdraw the petition instituted by him under Section 9 of the Hindu Marriage Act pending in the Family Court, Kanpur Nagar. h. That the parties agree that after the decree of divorce is passed and entire amount of alimony as agreed is paid by the Applicant No.1 to the O.P. No.2 they shall not litigate with regard to the present matrimony in any manner whatsoever and after the decree of divorce is passed both shall have no concerned with each other and they are free to remarry. i. That the parties agreed that if any other litigation except from that mentioned above initiated by each other against them or their family members shall also be withdrawn, set-aside or got quashed in terms of this settlement and they agree not to litigate with regard to the present matrimony in future in any manner whatsoever. 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 the settlement." 5. Learned counsel for the applicant submitted that out of the total Rs.10,00,000/-, Rs.9,00,000/- have been paid and he is tendering a draft of Rs.1,00,000/- dated 30.08.2025 bearing number "178237". Learned counsel for the applicant submits that the proceedings be quashed. 6. Learned counsel for the O.P. No.2 accepts the fact that he has already received Rs.9,00,000/- and only Rs.1,00,000/- is due, which has been received by him through draft. Thus proceedings be quashed. 7. Considering the submissions of the rival parties as well as over all aspects of the matter including the fact that the parties have mediated and mediation has been successful and entire amount has been paid including Rs.1,00,000/- which is being paid today, nothing remains to be further proceeded with and in view of the judgment in case of Gian Singh Vs. State of Punjab, (2012) 10 SCC 303 and State of Madhya Pradesh Vs. Laxmi Narayan, 2019 (5) A482 No. 6953 of 2024 3 SCC 688 the proceedings are liable to be quashed. 8. Accordingly, the application is allowed. The proceedings of Complaint Case No. 77813 of 2021 (Smt. Muskan Vs. Vs. Sagar Kanojia and others) under Sections 498A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act, Police station Chakeri, District Kanpur Nagar pending in the court of Metropolitan Magistrate II, Kanpur Nagar, so far as it relate to the applicants stand quashed 9. The copy of the bank draft of Rs.1,00,000/- is being handed over to Sri Rajesh Dwivedi, learned counsel for O.P. No.2. Photocopy of the bank draft is taken on record and marked as Appendix 'A'. 10. The receipt of the draft be incorporated in the order-sheet. September 22, 2025 N.S.Rathour A482 No. 6953 of 2024 4 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad