Allowed

Hardev @ Sunder and 7 Others v. State of U.P. and Another

Allahabad HC26 Sept 2022A482/1129/2021

Case brief

AI extract

What is this about?

Single judge of Allahabad High Court allowed application under Section 482 Cr.P.C. to quash criminal proceedings where parties had reached a mediated settlement involving substantial financial compensation and agreement to withdraw all related civil and criminal cases.

What did the court decide?

Quashed and disposed of entire proceedings of Case No. 2172 of 2020 including charge sheet and order taking cognizance.

Hardev @ Sunder and 7 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 1129 of 2021

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Applicant :- Hardev @ Sunder And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar,Kapil Tyagi Counsel for Opposite Party :- G.A.,Abhishek Gupta

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Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the applicants, learned counsel for the opposite party and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No. 2172 of 2020 (State Vs. Hardev alias Sunder and others) arising out of Case Crime No. 89 of 2020, under sections 498-A, 354, 376, 506 IPC, Police Station Dankaur, District Gautam Budh Nagar, presently pending in the court of learned Additional Chief Judicial Magistrate-I, District Gautam Budh Nagar including charge sheet dated 24.06.2020 submitted in Case Crime No. 89 of 2020, under sections 498-A, 354, 376, 506 IPC, Police Station Dankaur, District Gautam Budh Nagar as well as order dated 27.10.2020 passed by learned Additional Chief Judicial Magistrate-I, District Gautam Budh Nagar taking cognizance on the same.

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In pursuance of order dated 18.01.2021, the matter was referred to the mediation centre for settlement.

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As per report of Mediation Centre dated 07.01.2022 the parties have arrived at compromise. The clause 6 (c) (d) (e) and (f) of mediation centre report are quoted herein below :-

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" c) That the parties have settled their dispute on the condition that the applicant no. 4 shall pay an amount of Rs. 27,00,000/- (Rupees Twenty Seven Lakh Only) to the opposite party no. 2 which includes Rs. 18,00,000/- (Rupees Eighteen Lakh only) towards permanent alimony

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including Stridhan and all her financial claims that may accrue against the applicants and Rs. 9,00,000/- (Rupees Nine Lakh only) towards maintenance etc. of the aforesaid daughter namely Chhavi Malik.

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d) That today i.e. 07.01.2022 the applicant no. 4 has handed over three demand drafts bearing nos. 541527, 541528 & 541529 dated 04.01.2022 for Rs. 9,00,000/- (Rupees Nine Lakh only) shall be invested as an F.D.R. in favour of daughter under the guardianship off her mother/opposite party no. 2 by the opposite party no. 2.

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e) That it has been agreed between the parties that after entering into the present settlement and receiving the aforesaid amount i.e. 27,00,000/(Rupees Twenty Seven Lakh only) to the opposite party no. 2 on behalf of her daughter shall not claim in the property of the applicant no. 4.

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f) That it has also been agreed between the parties that all civil and criminal cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the court/authority concerned ."

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Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

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Accordingly, the proceedings of the aforesaid case are hereby, quashed.

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The application is disposed of.

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Order Date :- 26.9.2022 Arti

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(Piyush Agrawal,J.)

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Digitally signed by ARTI SHARMA Date: 2022.09.27 14:04:19 IST Reason: Location: High Court of Judicature at Allahabad

Hardev @ Sunder and 7 Others v. State of U.P. and Another

Case brief

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Hardev @ Sunder and 7 Others v. State of U.P. and Another

Case brief

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