Allowed

Bal Govind v. State of U.P.and Another

Allahabad HC17 Jan 2023A482/13599/2022

Case brief

AI extract

What is this about?

This High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings arising from a matrimonial dispute. The court quashed the proceedings because the parties had amicably settled their dispute before the court's mediation centre and agreed to withdraw all cases against each other.

What did the court decide?

The proceedings in Criminal Case No. 5298 of 2021 under Sections 323, 498-A, 504, 506 IPC and Section 3/4 D.P. Act are quashed subject to compliance with the settlement agreement.

Bal Govind Vs State of U.P.and Another — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 13599 of 2022

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Applicant :- Bal Govind Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Jai Bahadur Singh,P.K. Singh Counsel for Opposite Party :- G.A.,Avanish Mishra

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant 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 cognizance order dated 01.10.2021, charge sheet dated 16.09.2021 as well as the entire proceedings of Criminal Case No. 5298 of 2021 (State Vs. Siya Ram & Ors.), arising out of Case Crime No. 371 of 2021, under Sections - 323, 498-A, 504 and 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Kotwali, District - Jalaun at Orai, pending in the court of Chief Judicial Magistrate, Jalaun at Orai.

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Learned counsel for the applicant submits that this court vide order dated 04.07.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 18.12.2022 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 said fact has been mentioned in paragraph nos. 7 and 8 of the settlement/agreement dated 18.12.2022. Paragraph nos. 7 and 8 of the said report reads as under:

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"7. The following settlement has been arrived at between the Parties hereto:-

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a) That the parties have already settled their dispute and decide to live separately and in this regard they have filed a petition us 13-B of the Hindu Marriage Act before the Family Court, Jalaun at Orai and the same is registered as Case No. 624 of 2022. The parties stated that all the terms and conditions of the settlement has also been mentioned in aforesaid divorce petition, which forms a part of the settlement. The certified copy of the aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court.

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b) That it has been agreed between the parties that the applicant-husband shall pay one time settlement amount of Rs. 4,00,000/- (Rupees Four Lakhs only) which includes permanent

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alimony and Stridhan of the wife by way of Demand Draft.

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c) That today i.e. 18.12.2022 the applicant-husband has handed over a demand draft bearing no. 627651 dated 16.11.2022 for Rs. 2,00,000/- (Rupees Two Lakhs only) drawn on Indian Bank in favour of Varsha Kushwaha (wife) and she has acknowledged the receipt of the same.

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d) That it has been agreed between the parties that the remaining amount i.e. Rs. 2,00,000/(Rupees Two Lakhs only) shall be paid by Mr. Bal Govind (Applicant-Husband) to Ms. Varsha Kushwaha (O.P. No. 2-Wife) at the time of final judgment in Case No. 624 of 2022 pending in Family Court, Jalaun at Orai by way of demand draft.

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e) 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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f) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have claim against each-other in future also.

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g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse.

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8. By signing this Agreement the Parties hereto state that the Application U/S 482 No. 13599 of 2022 and all disputes and differences in this regard have been amicable settled by the Parties hereto through the process of Conciliation/Mediation."

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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 18.12.2022 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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Leave is granted to the opposite party no.2 to seek recall of this order if the terms of the settlement/agreement reached between the parties are not fulfilled.

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Order Date :- 17.1.2023 Abhilash

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Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad

Bal Govind v. State of U.P.and Another

Case brief

What is this about?

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Bal Govind v. State of U.P.and Another

Case brief

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