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2025 DAILYLAW 43674 (ALL)

VINOD KUMAR LOYALKA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/23121/2015 · 2025-03-18

Vinod Diwakar

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Judgment text

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Neutral Citation No. - 2025:AHC:40314 Court No. - 76 Case :- APPLICATION U/S 482 No. - 23121 of 2015 Applicant :- Vinod Kumar Loyalka And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Srivastava,Ravindra Singh Chauhan Counsel for Opposite Party :- Ashok Kumar Singh,G.A. with Case :- APPLICATION U/S 482 No. - 3540 of 2015 Applicant :- Vinod Kumar Loyalka And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Srivastava,Raghvendra Prakash Counsel for Opposite Party :- Govt. Advocate Hon'ble Vinod Diwakar,J. 1. The present matter pertains to matrimonial disputes between family members and relatives. Therefore, both the applications are being disposed of by a common judgment/order. 2. Heard Shri Nitin Srivastava, learned counsel for the applicants, the learned A.G.A. for the State-respondent, Shri Virendra Pratap Pal, learned counsel for the opposite parties, and perused the compromise affidavit filed in this matter. 3. The present applications, under Section 482 of Cr.P.C., have been filed seeking for quashing of the following criminal proceedings pending before the learned trial court, based on the compromise dated 26.10.2024 entered into between the parties: (a) impugned order dated 15.5.2015 arising out of Complaint Case No. 684 of 2014, under Sections 406, 504, 506 IPC, P.S. Philkhana, District Kanpur Nagar, in Application U/S 482 No. 23121 of 2015; (b) Charge sheet dated 04.7.2014 arising out of Case Crime No. 45 of 2012, under Sections 498A, 308, 313 IPC & 3/4 of the D.P. Act, Police Station Mahila Thana, District Kanpur Nagar, in Application U/S 482 No. 3540 of 2015. 4. During the pendency of the proceedings, the parties were directed to appear before the Mediation and Conciliation Centre of this Court in First Appeal No. 108 of 2020, by the co-ordinate Bench of this Court on 2.9.2024, and on 26.10.2024, the matrimonial disputes between the parties, who are family members, were amicably resolved, with the settlement being recorded in the following terms: "a) That the parties agreed to live separately and mutually settled to dissolve their marriage. They have been divorced and divorce decree already issued by the Additional Principal Judge, Family Court, Court No. 2, District- Kanpur on the Divorce Petition No. 2405 of 2018 filed by the appellant-husband. b) That it has been agred between the parties that Ankit Loyalka (Appellant-Husband) shall pay an amount of Rs.90,00,000/- (Rupees Ninety Lakh only) to Manisha Loyalka (Respondent-Wife) as one time permanent alimony which includes Stridhan and all other financial claims of Manisha Loyalka (Respondent-Wife). The aforesaid amount includes the amount of Rs.50,00,000/- (Rupees Fifty Lakh only) deposited with the Registrar General in compliance of the referral order dated 02.09.2024 of the Hon'ble Court, as such now the appellant-husband shall pay Rs.40,00,000/- (Rupees Forty Lakh only) to the respondent-wife. The appellant-husband shall have no objection, if Rs.50,00,000/-(Rupees Fifty Lakh only) deposited with the Registrar General, is released in favour of the Respondent- wife out of which Rs.25,00,000/- (Rupees Twenty Five Lakh only) has already been directed to be released in favour of respondent-wife by the Hon'ble Court. c) That it has been agreed between the parties that Ankit Loyalka (Appellant-Husband) shall bring a demand draft of Rs.40,00,000/- (Rupees Forty Lakh only) in the name of Manisha Kheria (Respondent-Wife) on the next date fixed i.e. 23.11.2024 and the same shall be handed over to Manisha Loyalka (Respondent-Wife) at the time of final settlement. d) That it has further been agreed between the parties that parties shall move withdrawal application in the following cases filed by them against each other and shall produce the 2 of 4 certified copy of the same before the Centre on the next date i.e. 23.11.2024. The details of the cases are as under:- I. Case Crime No. 45 of 2012 filed U/S 498-A, 147, 148, 149, 308, 313 of IPC & Section ¾ of D.P. Act, Police Station-Phikhana, District-Kanpur pending in the court of F.T.C.-52 Kanpur Nagar. II. Case No. 684 of 2014 filed under Section 406 & 506 of IPC pending in the court of A.C.M.M.-III, Kanpur. III. Case No. 1365 of 2012 filed U/S 12 of D.V. Act, Police Station-Phikhana, District-Kanpur pending in the court of A.C.M.M.-III, Kanpur. IV. Criminal Revision No. 527 of 2018 pending in the High Court. V. First Appeal No. 98 of 2012 pending in the High Court. VI. Criminal Revision No. 956 of 2018 pending in the High Court." 5. Learned counsel for the parties submits that, since the disputes stemmed from matrimonial discord and the parties have now settled their differences amicably, continuing with the criminal proceedings would serve no useful purpose. It is further submitted that the opposite parties to the respective applications have no objection to the quashing of the proceedings, and the settlement was voluntarily entered into without any coercion or undue influence. 6. The Supreme Court, in Gian Singh v. State of Punjab & Another, (2012) 10 SCC 303, held that in cases arising from matrimonial disputes, where the parties have amicably settled their differences, the High Court can exercise its inherent jurisdiction under Section 482 Cr.P.C. to quash the proceedings, provided the matter does not involve heinous offences or crimes against society at large. 7. Considering the facts and circumstances of the case, the nature of the offences, particularly the fact that the disputes arose out of a matrimonial discord, and that the parties have voluntarily settled their differences, no useful purpose would be served by continuing with the criminal proceedings. 3 of 4 8. In the given circumstances, the entire criminal proceedings in the aforementioned cases mentioned in para 3 are hereby quashed in accordance with the terms of compromise dated 26.10.2024 arrived at between the parties. 9. The applications are accordingly allowed. Order Date :- 19.3.2025 Ujjawal Justice Vinod Diwakar 4 of 4 Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad