RAHUL VERMA AND 3 OTHERS v. State of U.P. AND ANOTHER
A482/17738/2024 · 2025-03-19
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66791 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66791 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:41254 Court No. - 75 Case :- APPLICATION U/S 482 No. - 17738 of 2024 Applicant :- Rahul Verma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Vishwakarma Counsel for Opposite Party :- Bed Kant Mishra,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Learned counsel for the applicant is permitted to make necessary correction in the cause title regarding correct name of opposite party no.2, during the course of the day.
2. Heard Sri Girish Vishwakarma, learned counsel for the applicants, Sri Bed Kant Mishr, learned counsel for the opposite party no.2 as well as Ms. Ruchi Mishra, learned State Law Officer for State.
3. Present application has been filed for quashing the charge sheet dated 04.02.2023 as well as cognizance & summoning order dated 05.12.2023 and entire proceeding of Case No.05 of 2023 (State vs. Rahul Verma and others), arising out of Case Crime No.823 of 2022, under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Soraon, District Prayagraj, pending before the A.C.J.M, Court No.5, Prayagraj.
4. Facts giving rise to the present controversy are that there is matrimonial discord between the applicant no.1 and opposite party no.2, which is under challenged in the present case.
5. From the perusal of order sheet, it appears that this Court vide
order dated 27.05.2024 referred this matter to Medication Centre of High Court, Allahabad. In pursuance of that order both the parties have appeared before the Mediation Centre High Court, Allahabad, finally a settlement agreement dated 09.02.2025 has been executed. Paragraph no.7 of the settlement agreement dated 09.02.2025 is quoted as under:-
"7. The following settlement has been arrived at between the Parties hereto:- a) That the parties have settled their dispute amicably and decided to dissolve their marriage by filing a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Allahabad on 22.01.2025 and shall produce the certified
copy of the same before the Centre on the next date fixed i.e. 09.02.2025. b) That the full name of Smt. Usha (wife) is Smt. Usha alias Nisha and the correct name of Poonam Devi O.P. No. 2 is Phula Devi and not Poonam Devi as mentioned in ibid case (array of parties). c) That it has been agreed between the parties Rahul Verma (Applicant No.1- Husband) and wife (Daughter of O.P. No. 2) that the husband shall pay an amount of Rs.3.80 Lakhs (Rupees three Lakh eighty thousand only) to the wife towards permanent alimony including Stridhan and all her other financial claims. The aforesaid amount shall be paid by way of demand draft drawn in her favour. d) That on the next date fixed for Mediation i.e. 09.02.2025, the husband shall produced a demand draft of Rs. 1.90 Lakhs (Rupees one lakh ninety thousand only) duly drawn in favour of wife and same shall be hand over to the wife at the time of final settlement. e) That it has been agreed between the parties that the remaining amount i.e. Rs. 1.90 Lakhs (Rupees one lakh ninety thousand only) shall be paid by the husband at the time of final judgment before the Family Court, Allahabad, by way of demand draft of a nationalized bank. f) That in the meantime, the cases (if any) filed by either of the party against each other or their family members, shall be kept in abeyance. g) That it has been agreed between the parties that they shall appear again before the Centre on 09.02.2025. h) That this Interim settlement has been read over and explained to the parties in Hindi in presence of their respective counsels and thereafter they have signed this Interim settlement."
6.
This fact is not disputed by learned counsel for the opposite party no.2. Learned AGA has also no objection. 7. Considering the fact that parties have settled their dispute and a settlement agreement was also entered into between the parties on 09.02.2025 before the Mediation Centre, High Court, Allahabad. 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 09.02.2025, the
proceeding of the aforesaid case is hereby quashed. 9. The present petition is, accordingly, allowed.
Order Date :- 20.3.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad