Allowed

Dr. Ashim Kumar Natheniel v. State of U.P. and Another

Allahabad HC2 Aug 2019A482/3510/2018

Case brief

AI extract

What is this about?

In quashing proceedings filed under Section 482 Cr.P.C., the Court observed that the parties entered into a settlement agreement in the Mediation and Conciliation Centre following which they filed a mutual divorce petition. The Court accordingly quashed the criminal proceedings and the summoning order.

What did the court decide?

Quashed the entire proceedings of Complaint Case No.361/2015 including the summoning order dated 7.1.2016 on the condition that the parties abide by the terms of the settlement agreement.

Dr. Ashim Kumar Natheniel Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 3510 of 2018

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Applicant :- Dr. Ashim Kumar Natheniel Opposite Party :- State Of U.P. And Another Counsel for Applicant :- A Kumar Srivastava,Manish Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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Present application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No.361/2015, under Sections 420, 406, 504, 506, IPC, P.S. Sipri Bazar, District Jhansi, pending before the A.C.J.M. Court No.2, Jhansi and also the summoning order dated 7.1.2016.

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This Court vide order dated 6.2.2018 referred the matter to the Mediation and Conciliation Centre, High Court, Allahabad and pursuant to the said order, parties appeared before the mediator and entered into the settlement on 7.8.2018. The terms of the settlement is quoted as under:-

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"a) That the marriage of Dr. Ashim Kumar Natheniel (ApplicantHusband) and Smt. Manisha Gardner (Opposite Party No.2Wife) was solemnized on 5.5.2014. After living together till 22.6.2014, the relations between the parties became strained and they started living separately. Out of aforesaid wedlock, parties have no issue.

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b) That as per interim settlement dated 26.6.2018, Dr. Ashim Kumar Natheniel (Applicant-Husband) and Smt. Manisha Gardner (Opposite Party No.2-Wife) have decided to take divorce by mutual consent on the condition of a Permanent Alimony including Stridhan of Rs.7,50,000/- (Seven lakhs fifty thousand only) which shall be paid by the husband to the wife in two instalments.

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c) That as agreed during interim settlement dated 26.6.2018, Dr. Ashim Kumar Natheniel (Applicant-Husband) and Smt. Manisha Gardner (Opposite Party No.2-Wife) have filed a mutual divorce petition no.635/2018 on 7.7.2018 under Section 10-A of THE INDIAN DIVORCE ACT-1869 AMENDMENT ACT-2001, before the Principal Judge, Family Court, Jhansi and produced the

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certified copy of the same which is being made part of this settlement agreement.

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d) That on 26.6.2018, Dr. Ashim Kumar Natheniel (ApplicantHusband) had produced a demand draft of Rs.3,75,000/-(Three Lakhs Seventy Five Thousand Only) bearing No.508517, dated 21.6.2018 drawn on ICICI Bank in favour of MANISHA GARDNER, which was kept in the file of mediation centre. That today i.e. 7.8.2018, the aforesaid demand draft has been handed over to Smt. Manisha Gardner (Opposite Party No.2-Wife) and she has acknowledged the receipt of the same.

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e) That it has been agreed between the parties that balance amount of the aforesaid agreed alimony i.e. Rs.3,75,000/-(Three Lakhs Seventy Five Thousand Only) will be paid by the husband to the wife by way of demand draft drawn in her favour at the time of final judgment in the aforesaid divorce petition. The final date in the above mentioned divorce petition is fixed as 8.1.2019.

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f) As agreed during interim settlement following household items has been returned to Smt. Manisha Gardner (Opposite Party No.2-Wife) by Dr. Ashim Kumar Natheniel (Applicant-Husband):

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1. Fridge, 2. Almirah, 3. Box, 4. Mixer Grinder, 5. Utensils, 6. L.E.D. TV, 7, Washing Machine

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In addition to above Dr. Ashim Kumar Natheniel (ApplicantHusband) had produced another demand draft of Rs.40,000/only (Rs.forty Thousand only) bearing no.508517 dated 21.6.2018, drawn on ICICI Bank, in lieu of Dressing Table and Double Bed, which was also kept in the file of mediation centre. The aforesaid demand draft has also been handed over to Smt. Manisha Gardner (Opposite Party No.2-Wife) today and she has acknowledged the receipt of the same.

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g) That it has also been agreed between the parties that Dr. Ashim Kumar Natheniel (Applicant-Husband) has returned all the items given in dowry to Smt. Manisha Gardner (Opposite Party No.2-Wife) and now no item is left with Dr. Ashim Kumar Natheniel (Applicant-Husband) and in support of aforesaid facts a joint affidavit has been produced by the parties, which is also being made part of this settlement agreement.

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h) That it has been agreed between the parties that all the cases whether criminal and civil filed by them against each other shall be withdrawn by them by taking appropriate steps before the

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court/authorities concerned at the earliest."

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In view of above, proceedings of the aforesaid case including the summoning order are quashed on the condition that the parties shall abide the terms of the agreement.

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The application stands allowed.

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Order Date :- 2.8.2019 T. Sinha

Dr. Ashim Kumar Natheniel v. State of U.P. and Another

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Dr. Ashim Kumar Natheniel v. State of U.P. and Another

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