Allowed

Smt. Raja Beti and 3 Others v. State of U.P. and Another

Allahabad HC10 Jan 2023A482/8815/2022

Case brief

AI extract

What is this about?

The applicant filed a 482 Cr.P.C. application to quash proceedings in a matrimonial dispute. The court noted a settlement agreement dated 14.12.2022 where parties agreed to withdraw cases and live together. The court quashed the proceedings based on this settlement.

What did the court decide?

The proceedings in Complaint Case No. 46 of 2019 under Sections 498A, 323, and 506 IPC are hereby quashed.

Smt. Raja Beti and 3 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. - 8815 of 2022

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Applicant :- Smt. Raja Beti And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gautam Baghel,Om Prakash Singh 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 proceedings of Complaint Case No. 46 of 2019 (Smt Priyanka Vs. Neeraj Pathak and others ), under Sections- 498A, 323, 506 I.P.C. and 3/4 DP Act Police Station- Balrai, District- Etawah, pending in the court of Civil Judge Junior Division/F.T.C.

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Learned counsel for the applicant submits that this court vide order dated 21.04.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 14.12.2022 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 14.12.2022. Paragraph 7 and 8 of the said report reads as under:

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"7. In view of the Interim Settlement Agreement dated 16.11.2022. The following settlement has been arrived at between the Parties hereto:-

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a) That the parties entered into an interim settlement dated 16:11 2022 and decided to live together as husband and wife forgetting all previous disputes and differences. In continuation of the aforesaid interim settlement, the parties appeared and stated that they are fully satisfied with this reunion and further they want to continue it for the rest of their lives.

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b) That the panties undertake not to commit any kind of cruelty against each other in any manner whatsoever.

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c) That it has been agreed between the parties that they will behave properly living in peaceful and cordial atmosphere.

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d) That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities.

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e) That the husband undertakes to take care of his wife and daughter and fulfil all essential requirements and amenities to them in future.

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

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Court/authority concerned.

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g) That the parties will not file any fresh case against each other in respect of matrimonial dispute. They have no claim against each other in future also. this: h) 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. 8815 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 14.12.2022 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

Smt. Raja Beti and 3 Others v. State of U.P. and Another

Case brief

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Smt. Raja Beti and 3 Others v. State of U.P. and Another

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