Allowed

Sudarshan and Another v. State of U.P. and Another

Allahabad HC2 Feb 2023A482/39049/2022

Case brief

AI extract

What is this about?

The court quashed a cognizance order and prosecution proceedings under Sections 498-A, 323, 504, 506 IPC and the Dowry Prohibition Act based on a settlement agreement dated 23.12.2021 reached via mediation, which included withdrawal of cases and division of alimony.

What did the court decide?

Quashed the cognizance order, charge sheet, and all proceedings under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act.

Sudarshan and Another Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 39049 of 2022

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Applicant :- Sudarshan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sachchida Nand Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicants 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 27.9.2019 passed by the A.C.J.M.VIII Ghaziabad, charge sheet dated 15.8.2019 and the proceedings of case crime no.0121 of 2019 under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Ghaziabad pending in the Court of Additional Chief Judicial Magistrate-VIII, Ghaziabad .

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Learned counsel for the applicants submits that this court vide order dated 25.11.2019 had referred the connected matter being Application U/S 482 No. 41092 of 2019 to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 23.12.2021 between the parties in that case. 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 para 7 and 8 of the settlement/agreement dated 23.12.2021. Paragraph 7 and 8 of the said report reads as under:

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"7) In view of the interim settlement dated 09.12.2021, the following settlement has been arrived at between the Parties hereto:

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a) That the parties have decided to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Ghaziabad, which is registered as Case No. 3043 of 2021 in which next date is as 18.07.2022. The certified copy of aforesaid divorce petition and order-sheet are being annexed to this settlement 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 a permanent alimony including Stridhan of Rs. 02,00,000/(Rupees Two Lakhs only) to the wife by way of demand draft in installments.

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c)That on 09.12.2021, the applicant-hushand has produced a demand draft bearing no. 55 dated 26.11.2021 for Rs. 1,00,000/- (Rs. One Lakh

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Only) drawn on State Bank of India in favour of Monika, which was kept in the file concerned, and the same has been handed over to the wife today i.e. 23.12.2021 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. 1,00,000/- (Rs. One Lakh Only) will be given by Pankaj (Applicant-husband) to Smt. Monika @ Pooja Kashyap (O.P. No. 2-wife) at the time of final judgment in the divorce petition before the Family Court, Ghaziabad.

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e) That it has been agreed between the parties that the cases filed by them against each other regarding matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court /authority concerned.

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f) That it has also been agreed between the parties that they will not file my case cont against each other regarding the matrimonial dispute 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-agreement, 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. 41092 of 2019, and all disputes and differences in this regard have been amicably 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 23.12.2021 before the Mediation and Conciliation Centre of this Court in the connected case, the proceedings in the aforesaid case is hereby quashed.

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In view of the above, the present application is allowed.

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It is however, left open to the opposite party No. 2 to seek recall of this order, if the terms of the settlement is not complied with by the applicants.

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Order Date :- 2.2.2023 Faraz

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Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad

Sudarshan and Another v. State of U.P. and Another

Case brief

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Sudarshan and Another v. State of U.P. and Another

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