Allowed

Utkarsh Gupta @ Nishant and 2 Others v. State of U.P. and Another

Allahabad HC8 Jul 2019A482/23826/2018

Case brief

AI extract

What is this about?

This Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings initiated by a wife against her husband. The Court held that since a settlement agreement was reached and a mutual divorce petition filed, the criminal complaints required no further examination.

What did the court decide?

The proceedings in Complaint Case No. 143 of 2018 and the summoning order dated 28.4.2018 were quashed.

Utkarsh Gupta @ Nishant and 2 Others Vs State of… — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 23826 of 2018

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Applicant :- Utkarsh Gupta @ Nishant And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Balbeer Singh Counsel for Opposite Party :- G.A.,Akash Mishra,Sanjay Mishra

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Hon'ble Rajiv Joshi,J.

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Heard Sri Balbeer Singh, learned counsel for the applicants and Sri Sanjay Mishra, learned counsel for the O.P. No.2.

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The present 482 Cr.P.C. application has been filed to quash the summoning order dated 28.4.2018 as well as Complaint Case No. 143 of 2018, (Smt. Tanya @ Dipali Vs. Utkarsh Gupta @ Nishant & Ors.) under Sections498-A, 323 IPC & 3/4 D.P. Act, Police Station- Kotwali, District- Etawah, pending in the court of Chief Judicial Magistrate, Etawah.

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Learned counsel for the applicant submits that this court vide order dated 20.7.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 25.2.2019 between the parties. A copy of the same is on record. Perusal of the settlement/agreement thus reached reveals that the parties have amicably settled their dispute and further agreed to withdraw the cases between them. The following settlement has been made between the parties which is quoted as under:-

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a. That the marriage of Sri Utkarsh Gupta @ Nishant (Applicant No.1-Husband) and Smt. Tanya @ Dipali (Opposite Party No.2Wife) was solemnized on 22.02.2017. Due to strained relationships, both parties have been living separately from 10.10.2017. No issue was born out of aforesaid wedlock.

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b. That the dispute between Sri Utkarsh Gupta @ Nishant (Applicant No.1-Husband) and Smt. Tanya @ Dipali (Opposite Party No.2- Wife) is irreconcilable, hence they have decided to take mutual divorce on the condition of a permanent Alimony including Stridhan of Rs.30,00,000/- (Rs. Thirty Lakh only) which shall be paid by the husband to the wife in two equal installments.

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c. That Sri Utkarsh Gupta @ Nishant (Applicant No.1-Husband) and Smt. Tanya @ Dipali (Opposite Party No.2- Wife) have stated to the mediators that they have already filed a mutual divorce petition

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no.60/2019 under section 13-B of Hindu Marriage Act, before the Principal Judge, Family Court, Etawah and today they have produced the certified copy of the same, which is being made part of this settlement agreement.

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d. That an amount of Rs.15,00,000/- (Rs. Fifteen Lakh only) has already been paid as first installment to Smt. Tanya @ Dipali (Opposite Party No.2- Wife) by Sri Utkarsh Gupta @ Nishant (Applicant No.1-Husband) by way of a demand draft bearing no.379739 dated 05.12.2019 drawn on Punjab National Bank and the aforesaid draft has also been encashed by Smt. Tanya @ Dipali (Opposite Party No.2- Wife) and today Smt. Tanya @ Dipali (Opposite Party No.2- Wife) has acknowledged the receipt of the same.

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e. That now the parties have no grudge against each other and in future they shall not litigate in this regard as there remains nothing to be settled between them from today.

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f. That it has been agreed between the parties that the rest amount of aforesaid agreed alimony i.e. Rs. 15,00,000/- (Rs. Fifteen Lakh only) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgment in the above mentioned divorce petition. The date of second motion in the said divorce petition is fixed as 19.07.2019.

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g. That it has been agreed between the parties that all the Criminal and Civil Cases filed by them against each other (if any) shall be withdrawn by them by taking appropriate steps before the court/authorities concerned at the earliest."

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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 25.2.2019 before the Mediation and Conciliation Centre of this 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 :- 8.7.2019 Akbar

Utkarsh Gupta @ Nishant and 2 Others v. State of U.P. and Another

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Utkarsh Gupta @ Nishant and 2 Others v. State of U.P. and Another

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