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2025 DAILYLAW 36400 (ALL)

ANIL AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/8995/2024 · 2025-01-22

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11431 Court No. - 77 Case :- APPLICATION U/S 482 No. - 8995 of 2024 Applicant :- Anil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tej Om Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Tej Om Prakash Gupta, learned counsel for the applicants and Sri Mohd. Shoeb Khan, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 16.12.2021 along with entire proceeding of Complaint Case No. 1639 of 2019 (Ravina Vs. Anil) under section 498A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Uttar, District- Firozabad, pending in the court of A.C.J.M., Firozabad. 3. Facts germane to the present controversy is that applicant no. 1 is husband of opposite party no.2 and matrimonial discord between them has culminated into present proceedings. This Court vide order dated 20.3.2024 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 dated 24.10.2024, a settlement agreement was also entered into between the parties on 24.10.2024. Paragraph no. 7 of the settlement agreement dated 24.10.2024 is being quoted as under: "7. In view of the Interim Settlement Agreement dated 03.10.2024, the following settlement has been arrived at between the Parties hereto:- a) That both the parties have agreed to live separately and 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, Firozabad and the same is registered as H.M.P. No. 1129 of 2024. The parties shall produce certified copy of the aforesaid divorce petition before the Hon'ble High Court at the time of hearing. b) That it has been agreed between the parties that Anil (Applicant No. 1- Husband) shall pay one time settlement amount of Rs.3,00,000/- (Rupees Three Lakh only) to Smt. Ravina (O. P. No.2-wife) which includes permanent alimony, Stridhan and maintenance by way of demand drafts. c) That as per Interim Settlement dated 03.10.2024, the applicant no. 1-husband has produced a demand draft of Rs.70,000/- (Rupees Seventy Thousand Only) bearing demand draft no. 436595 dated 30.09.2024 drawn on Bank of Maharashtra prepared in the name of Raveena (wife) which was kept on record and the same is being handed over to the O.P. No. 2-wife (Smt. Ravina) today itself and she has acknowledged the receipt of the same. d) That today i.e. 24.10.2024 the applicant no. 1-husband has handed over another demand draft bearing no. 436603 dated 22.10.2024 for Rs.80,000/- (Rupees Eighty Thousand Only) drawn on Bank of Maharashtra in favour of Raveena (wife), to the O. P. No.2 and she has acknowledged the receipt of the same. e) That it has been agreed between the parties that the remaining amount i.e. Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) shall be paid by Anil (Applicant No. 1-Husband) to Smt. Ravina (O.P. No. 2- Wife) at the time of final judgment/second motion in H.M.P. No. 1129 of 2024 pending in Family Court, Firozabad by way of demand draft. f) 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. 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 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." 4. Considering the fact that parties have settled their dispute and a settlement agreement was also entered into between the parties on 24.10.2024 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 24.10.2024, the proceeding of the aforesaid case is hereby quashed. 6. The present petition is, accordingly, allowed. Order Date :- 22.1.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad