Allowed

Tejendra Singh and 4 Others v. State of U.P. and Another

Allahabad HC10 Jan 2023A482/8622/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed an application under Section 482 Cr.P.C. to quash criminal proceedings arising from a matrimonial dispute. The court quashed the charge sheet and all related proceedings based on a settlement agreement dated 15.12.2022, wherein the parties agreed to divorce, alimony payment, and withdrawal of all legal cases.

What did the court decide?

The charge sheet dated 19.01.2022 and the entire proceedings of Case No. 956 of 2022 were quashed.

Tejendra Singh and 4 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 8622 of 2022

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Applicant :- Tejendra Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.,Rajiv Kumar Pandey

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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 charge sheet dated 19.01.2022 as well as the entire proceedings of Case No. 956 of 2022 (State Vs. Tejendra Singh and Ors.), arising out of Case Crime No. 396 of 2021 , under Sections- 498A, 506 I.P.C. and 3/4 DP Act, Police Station- Harduaganj, District- Aligarh , pending in the court of A.C.J.M-I, Aligarh

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Learned counsel for the applicant submits that this court vide order dated 19.04.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 15.12.2022 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 para 7 and 8 of the settlement/agreement dated 15.12.2022. Paragraph 7 and 8 of the said report reads as under:

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"7 In view of the Interim settlement Agreements dated 24.11.2022, the following settlement has been arrived at between the Parties hereto:-

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a) That the parties have settled their dispute and decide to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Aligarh and the same is registered as Case No. 2087 of 2022. 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. 3,50,000/- (Rupees Three Lakhs Fifty Thousand only) which includes permanent alimony and Stridhan of the wife by way of Demand Draft.

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c) That on 24.11.2022, the applicant-husband has produced a demand draft bearing no, 681323 dated 22.11.2022 drawn on Punjab National Bank for Rs: 1,75,000/- (Rupees One Lakh Seventy Five Thousand only) in favour of Rani Verma (wife) and the same has been handed over today i.e. 15.12.2022 to the 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. 1,75,000/- (Rupees One Lakh Seventy Five Thousand only) shall be paid by Sri Tejendra Singh (Applicant No. 1-Husband) to Smt. Rani (O.P. No. 2-Wife) at the time of final judgment in Case No. 2087 of 2022

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pending in Family Court, Aligarh 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 no 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. 8622 of 2022 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 15.12.2022 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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Order Date :- 10.1.2023 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad

Tejendra Singh and 4 Others v. State of U.P. and Another

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Tejendra Singh and 4 Others v. State of U.P. and Another

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