Allowed

Gaurav Sharma and Another v. State of U.P. and Another

Allahabad HC12 Jul 2018A482/10425/2018

Case brief

AI extract

What is this about?

This judgment deals with an application under Section 482 CrPC seeking quashing of criminal proceedings. The High Court, relying on a successful mediation report showing a settlement between the husband and wife regarding their separation and divorce, allowed the application and quashed the proceedings as no useful purpose would be served in continuing the legal action.

What did the court decide?

Proceedings of the case arising out of Case Crime No.166 of 2015 under Sections 498A, 323, 504, 506, 377 IPC & Dowry Prohibition Act were set aside and the application was allowed.

Gaurav Sharma and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 49 Case :- APPLICATION U/S 482 No. - 10425 of 2018 Applicant :- Gaurav Sharma And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amar Nath Vishwakarma,Shailesh Kumar Shukla

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Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Amar Nath Vishwakarma, learned counsel for the applicants and Sri G. P. Singh, Advocate, holding brief of Sri Sameer Jain, learned counsel for the opposite party no.2.

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The matter has been referred to the mediation centre of this Court vide order dated 11.04.2018 passed by the Coordinate Bench of this Court on the following terms:-

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"Shri Sameer Jain, Advocate filed power on behalf of opposite party no.2, which is taken on record.

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Heard learned counsel for the applicants, Shri Sameer Jain, Advocate appearing on behalf of opposite party no.2 and learned AGA for the State.

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It is contended by learned counsel for the applicants that this case may be sent to the Mediation Center for the purpose of settlement between the parties for which the applicants are ready to deposit the costs.

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Considering the submissions made by learned counsel for the applicants, it is directed that applicants shall deposit Rs.20,000/- within two weeks from today in the account head of the Registrar-General, Mediation and Conciliation Center, Allahabad High Court. In case, the aforesaid amount is deposited, the notice shall be issued to opposite party no. 2 Smt. Jyoti Sharma returnable within a period of two weeks. Rupees Fifteen thousand out of the aforementioned deposited amount shall be paid to opposite party no.2 Smt. Jyoti Sharma as expenses and this case shall be sent to Mediation Center, where parties shall appear on 27.04.2018. Mediation Centre is expected to conclude its proceedings within two months from 27.04.2018.

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Connect and list this case along with Application U/S 482 Cr.P.C No.10430 of 2018 on 12.07.2018 along with report of Mediation Centre

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before the appropriate Court.

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Till the next date of listing, no coercive action shall be taken against the applicants in Charge Sheet No.A-74-A/2017 dated 23.12.2017 Case No.439 of 2018 ( State Vs. Mamta Sharma and others) arising out of Case Crime No.166 of 2015, under Sections 498A, 323, 504, 506, 377 IPC & Section 3/4 Dowry Prohibition Act, P.S. Chetganj, District Varanasi, pending in the Court of 9th ACJM, Varanasi."

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It is then stated that the mediation has been successful. The mediation report dated 27.04.2018 has been received which is on record. Para-6 of the said report reads as under:-

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"6) The following settlement has been arrived at between the Parties hereto:-

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(a) That the marriage of Sri Gaurav Sharma (Applicant No.1 – husband) and Smt. Jyoti Sharma (O.P. No.2- wife) was solemnized on 01.12.2014. Out of aforesaid wedlock the parties have no issue. The parties are living separately since June 2015.

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(b) That the parties have decided to file a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Varanasi on 02.05.2018a and shall produce the certified copy of aforesaid divorce petition before the Centre on 04.05.2018.

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(c) That it has been agreed between the parties that the applicant-husband shall pay a permanent alimony including Stridhan of Rs. 15,00,000/(fifteen lacs only) to the wife Jyoti Sharma in installments.

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(d) That today i.e. 27.04.2018, the applicant-husband has produced a demand draft bearing no. 683241 dated 23.04.2018, drawn on Citi Bank, in favour Jyoti Sharma for Rs. 8,00,000/-, which is being kept in the file of the mediation center and shall be handed over to the wife/Jyoti Sharma at the time of final settlement. The applicant-husband shall also hand over another demand draft of Rs.2,00,000/- to the wife Jyoti Sharma on 04.05.2018 before the Mediation Center.

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(e) That it has been agreed between the parties that the remaining amount i.e. R%s. 5,00,000/- shall be paid by the applicant-husband to the wife Jyoti Sharma at the time of recording the statements of the parties in aforesaid divorce petition before the Family Court, Varanasi. The aforesaid amount of Rs.5,00,000/- shall be paid by way of demand draft

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drawn in favour of Jyoti Sharma.

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(f) That it has been agreed between the parties that the cases filed by them against each other will be kept in abeyance during this intervening period. (g) That it has been agreed between the parties that they shall appear again before the Center on 04.05.2018."

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In view of the fact that the husband and wife do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the mediation report dated 27.04.2018, therefore, no useful purpose would be served in proceeding with the matter further. 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) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another ), the proceedings of the aforesaid case is hereby set aside.

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The present application is accordingly allowed.

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Order Date :- 12.7.2018 VKG

Gaurav Sharma and Another v. State of U.P. and Another

Case brief

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Gaurav Sharma and Another v. State of U.P. and Another

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