Allowed

Anil Kumar v. State of U.P.

Allahabad HC3 Jul 2019A482/2198/2018

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. filed to quash charge sheet and proceedings arising from a matrimonial dispute. Court quashed proceedings in light of a mediated settlement agreement regarding mutual consent divorce, financial settlement, custody, and withdrawal of related FIRs.

What did the court decide?

Proceedings including charge sheet and cases arising from Case Crime No. 421 of 2017 are quashed.

Anil Kumar Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 2198 of 2018

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Applicant :- Anil Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Rahul Chaudhary Counsel for Opposite Party :- G.A.,Anand Vikram Singh

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Hon'ble Rajiv Joshi,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Puneet Kumar Pandey, holding brief of Sri Rahul Chaudhary, learned counsel for the applicant, Sri Anand Vikram Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 432 of 2017 dated 17.9.2017 as well as the entire proceedings of Criminal Case No. 5511/2017 (State Vs. Anil Kumar and others), arising out of Case Crime No. 421 of 2017, under Sections- 323, 504, 506, 452 I.P.C., Police Station- Hapur Nagar, District- Hapur, pending in the court of Chief Judicial Magistrate, Hapur. Counter and rejoinder affidavit between the parties has been exchanged.

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In the supplementary affidavit filed today on behalf of the applicant, it is stated that the matter between husband and wife had already been settled amicably in Mediation Case No. 269 of 2019 before the Mediation and Conciliation Centre of Punjab and Haryana High Court, Chandigarh. The agreement arrived at between the parties on the following terms and conditions:

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"(a) The parties have concluded the Bharat Gupta and Kannu Priya Aggarwal will not be able to live as husband and wife and have decided to part ways by getting divorce from each other on the basis of mutual consent. It has been agreed that the parties shall file petition under Section 13-B HMA at Rohtak on or before 15.3.2019.

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(b) It has been further decided between the parties that a joint petition under Section 13-B of Hindu Marriage Act shall be filed by Bharat Gupta and Kannu Priya Aggarwal for getting divorce on mutual consent basis in the Court of competent jurisdiction at Rohtak. Both the parties further undertake to make statement, to file affidavit in support of the petition under Section 13-B as and when directed by the learned Court.

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(c) It has been agreed between the parties that Bharat Gupta-

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husband shall pay an amount of Rs. 17,00,000/- (Rupees Seventeen Lacs Only) as permanent alimony and maintenance for the wife and the minor son. The amount of Rs. 17,00,000/- (Rupees Seventeen Lacs Only) shall be full and final amount for present, past and future and no further amount shall be claimed by the wife on any account i.e. dowry articles, permanent alimony and maintenance (past as well as future) for herself and for minor son Ridish. She and her son shall not claim any right in the property of Bharat Gupta and his family on her own behalf and on behalf of her son.

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(d) The minor son namely Ridish who is presently residing with Kannu Priya Aggarwal shall remain absolutely with Kannu Priya Aggarwal. Bharat Gupta will not claim the custody or visitation rights of the minor child. Kannu Priya Aggarwal shall be entitled to apply for his ration card, passport, any other document etc. in respect of his studies. Kannu Priya Aggarwal shall be entitled to submit affidavit or any other document necessary for the benefit of this child. She shall be lawful sole guardian of minor child for all intents and purposes.

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(e) It has been agreed between the parties that the amount of Rs. 17,00,000/- (Rupees Seventeen Lacs Only) shall be paid by Bharat Gupta in the following manner:

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(i) An amount of Rs. 15,00,000/- (Rupees Fifteen Lacs Only) has been paid in the shape of demand draft No. 053903 dated 07.02.2019 issued by HDFC Bank, Chandigarh in the name of Kannu Priya Aggarwal today in the Mediation Centre.

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(ii) The remaining amount of Rs. 2,00,000/- (Rupees Two Lacs Only) shall be deposited in the account of Kannu Priya Aggarwal in IDBI Bank, Branch Rohtak on or before 14.2.2019 on which date petition under Section 125 Cr.P.C. is pending before the Family Court at Rohtak. On that day, the second party shall withdraw petition under Section 125 Cr.P.C.

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(f) It has been further agreed between the parties that the first party shall withdraw the divorce petition under Section 113 of HMA pending at Family Court, Hapur (U.P.) before filing of petition under Section 13-B of Hindu Marriage Act.

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(g) It has been further decided between the parties that the petition for quashing of FIR No. 72 dated 24.2.2017 under Sections 498A, 406, 34 IPC got registered by the second party at P.S. Shivaji Colony, Rohtak be filed by the first party and his mother before the Hon'ble High Court on or before 31.3.2019. It has been further agreed that the Criminal Case shall not be pursued by the second party and her family. Second party and her family shall have no objection for quashing of the abovesaid FIR on the basis of this compromise and the complainant shall execute the affidavit and make statement in the Hon'ble Court for quashing of the abovesaid FIR as and when directed by the Hon'ble Court.

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(h) It has been further decided between the parties that the second party and her family members have already filed petition for quashing of FIR No. 432 of 2017 under Sections 323, 504, 506, 452

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IPC got registered by the first party at P.S. Hapur Nagar (Uttar Pradesh), which is pending before the Hon'ble Allahabad High Court. First party and his family shall have no objection for quashing of the abovesaid FIR on the basis of this compromise and the first party shall execute the affidavit and make statement in the Hon'ble Court for quashing of the abovesaid FIR as and when directed by the Hon'ble Court. "

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Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 07.02.2019 before the Mediation and Conciliation Centre of Punjab and Haryana High Court, the proceedings in the aforesaid case are hereby quashed.

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The present application is allowed , subject to the applicant complying with the terms of settlement agreement noted above.

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Order Date :- 3.7.2019 Noman

Anil Kumar v. State of U.P.

Case brief

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Anil Kumar v. State of U.P.

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