Avnish Nath Tripathi and 3 Others Vs State of U.P. Thru. Prin.Secy. Deptt. of Home and Another

Neutral Citation No. - 2024:AHC-LKO:61245

Court No. - 13

Case :- APPLICATION U/S 482 No. - 11241 of 2023

Applicant :- Avnish Nath Tripathi And 3 Others Opposite Party :- State Of U.P. Thru. Prin.Secy. Deptt. Of Home And Another Counsel for Applicant :- Pawan Kumar Pandey,Shashank Singh

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Counsel for Opposite Party :- G.A.,Anand Kumar Yadav,Anuj Pandey

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Hon'ble Saurabh Lavania,J.

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Heard.

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The present application has been filed for quashing the impugned summoning order dated 29.08.2023 passed by learned Additional Chief Judicial Magistrate-II, Court No.26, Lucknow arising out of Case Crime No.0016 of 2023, Police Station- Indira Nagar, Lucknow U/s 498-A, 323, 504, 506 I.P.C., Section 3/4 D.P. Act.

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Considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute between the parties and the offence against the applicants, this Court vide order dated 18.12.2023 referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties.

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In compliance of order of this Court dated 18.12.2023, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 31.05.2024 has submitted its report, which has been annexed as 'Annexure- E', wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels.

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The relevant para of settlement agreement reads as under:

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

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A. That both the parties namely Avnish Nath Tripathi(First Party/husband) and Smt. Kirti Tripathi (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future and for the

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purpose of dissolution of their marriage the parties have already filed a joint petition for divorce with mutual consent U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Lucknow filed on 30.05.2024.

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B. That both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest.

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C. That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a total sum of Rs. 13,95,000/- (Thirteen Lacs Ninety Five Thousand only) including amount Rs.1,20,000/- (One Lac Twenty Thousand) paid/to be paid to the Second Party in terms of orders passed in APPLICATION U/s 482 No.11241 of 2023 (Avnish Nath Tripathi & Others Vs State of UP & Another) towards one time full and final settlement of all the claims against First Party including the claim for temporary/permanent alimony.

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D. That both the parties have agreed that the aforesaid amount Rs 13,95,000/- (Thirteen Lacs Ninety Five Thousand only) would be paid to the Second Party/wife in three installments. The first installment of Rs 4,00,000/(Four Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before the Mediation and Conciliation Centre, Allahabad High Court, Lucknow and the second installment of Rs 4,00,000/- (Four Lacs only) will be paid by the First Party/husband to the Second Party/wife on or before 30.08.2024 and third installment of Rs.4,75,000/- (Four Lacs Seventy Five Thousand only) will be paid at the time of second motion of the joint petition for divorce U/S 13-B Hindu Marriage Act, 1955 filed before Principal Judge, Family Court, Lucknow in the shape of Demand Draft.

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E. That the First Party has handed over a Demand Draft No.346467 dated 31.05.2024 amounting to Rs.4,00,000/(Four Lacs) drawn on State Bank of India, BranchMunshipulia, Lucknow to the Second Party today i.e. 31.05.2024 towards the aforementioned payment as first installment. The Second Party acknowledges receipt of the same.

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F. That the Second Party has agreed that she shall not have any objection if the Hon'ble Court decides the APPLICATION U/s 482 No. 11241 of 2023 (Avnish Nath Tripathi & Others Vs State of U.P. & Another) arising out of Case Crime No.0016 of 2023, Police Station- Indira Nagar, Lucknow U/s 498-A, 323, 504, 506 I.P.C., Section 3/4 D.P. Act pending before learned Additional Chief Judicial Magistrate-II, Court No.26, Lucknow in terms of

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this settlement agreement.

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G. That the parties have agreed to withdraw/not press/not to pursue the cases filed against each other and their family members. The details of the cases are mentioned hereunder:

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(a) Case Crime No.0016 of 2023, Police Station-Indira Nagar, Lucknow U/s 498-A, 323, 504, 506 I.P.C., Section 3/4 D.P. Act pending before learned Additional Chief Judicial Magistrate-II, Court No.26, Lucknow

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(b) Case No.3523 of 2022 U/S 9 of Hindu Marriage Act, pending before Principal Judge, Family Court, Lucknow.

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(c) Case No.5338 of 2023 U/S 12 D. V. Act pending before ACJM-II, Lucknow.

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H. In addition to above mentioned case, if any other case(s) is pending between the parties, both the parties shall not have any objection if the case(s) is disposed of by the Hon'ble Court in terms of this Settlement Agreement.

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I. That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of any dispute arising out of their marriage or any matter incidental thereto.

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J. That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court hence for contempt of the Court. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings, she shall be bound to return to the First Party the entire money received by her from the First Party along with interest @ 9% p.a. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party. The First Party has agreed that in case he fails to attend and cooperate in the divorce case, the amount received by the Second Party from the First Party shall not be returned by the Second Party and the Second Party shall be at liberty to reopen her case(s) decided by the Hon'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum."

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Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106,

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Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409 as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed . Consequently, the entire proceedings arising out of FIR No./Case Crime No. , quoted above, are hereby quashed qua the applicant(s).

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Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.

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Order Date :- 5.9.2024 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Avnish Nath Tripathi and 3 Others v. State of U.P. Thru. Prin.Secy. Deptt. of Home and Another

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Avnish Nath Tripathi and 3 Others v. State of U.P. Thru. Prin.Secy. Deptt. of Home and Another

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