Allowed

Asheesh Trivedi and Another v. State of U.P. and Another

Allahabad HC18 Jan 2024/2085/2021

Case brief

AI extract

What is this about?

This court granted an application under Section 482 Cr.P.C. to quash criminal proceedings arising from an FIR alleging dowry harassment and cruelty. The quashing was based on a confirmed mediation settlement where parties resolved their domestic dispute, agreed to separate and divorce, and committed to withdrawing all related criminal and civil litigation.

What did the court decide?

The proceedings u/s 498A, 323, 504, 506 IPC and 3/4 D.P. Act in Case No.95845 of 2019 are quashed.

Asheesh Trivedi and Another Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5393

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Court No. - 35

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Case :- APPLICATION U/S 482 No. - 2085 of 2021

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Applicant :- Asheesh Trivedi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Kumar Saxena,Asmer Tayyab,Gaurav Saxena,Himanshu Kumar Trivedi,Jushi Saxena,Lalla Chauhan,Priya Rai,Rajni Saxena,Rishi Saxena,Seena Saxena Counsel for Opposite Party :- G.A.,Brijesh Kumar Pandey

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard learned counsel for the applicants and learned AGA for the State.

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Present application u/s 482 Cr.P.C. has been filed for quashing the entire proceedings as well as charge sheet dated 01.10.2019 in Case No.95845 of 2019 arising out of Case Crime No.135 of 2019, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Talaktora, District Lucknow.

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Contention of learned counsel for the applicants is that this matter was referred to mediation centre of this Court vide order dated 24.06.2021. In mediation proceeding both the parties have settled their dispute and settlement agreement dated 23.05.2022 was also executed between the parties. A copy of the the same is available on record and the same is quoted as under;

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"1. Disputes and differences had arisen between the Parties here to and CRIMINAL MISC. CASE No. 2085 OF 2021 (Asheesh Trivedi & Anr. Vs. State of UP and another) was filed before Allahabad High Court at Lucknow.

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2. The matter was referred to Mediation/Conciliation vide an order dated 15.09.2021 passed by Hon'ble Mr. Justice Karunesh Singh Pawar.

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3 The parties agreed that Mrs. Bulbul Godiyal, Senior Advocate, and Mr. K. D. Nag Advocate of Allahabad High Court, Lucknow would act as their Mediator / Conciliator.

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4. Several meetings were held during the process of Conciliation/Mediation and the parties have with the assistance of the Mediator / Conciliator voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.

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5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of

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the Mediator / Conciliator.

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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 have agreed to live separately and for the purpose of dissolution of their marriage solemnized on 18.06.2018, they have filed a suit U/S 13-B of Hindu Marriage Act, before the Principal Judge, Family Court, Lucknow today i.e. 25.03.2022 with mutual consent.

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B) That both the parties have mutually agreed that in lieu of dissolution of their marriage Mr. Ashish Trivedi (Husband/First Party) shall pay a sum of Rs. 7,00,000/- (Rupees Seven Lakh Only) to Ms. Mandvi Shukla (Wife/Second Party) as permanent alimony

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C) That out of the permanent alimony amount of Rs.7,00,000/- (Rupees Seven Lakh Only), Mr. Ashish Trivedi (Husband/First Party) has already paid a sum of Rs. 3,50,000/- (Rupees Three Lakh Fifty Thousand only) to Ms. Mandvi Shukla (Wife Second Party) through a banker's cheque bearing no. 329065 dated 21.03.2022 issued from Bank of Baroda, Kursi Road, Lucknow.

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D) That the remaining amount of Rs. 3,50,000/- (Rupees Three Lakh Fifty Thousand only) will be paid to Ms. Mandvi Shukla (Wife/Second Party) by Mr. Ashish Trivedi (Husband/First Party) for which a demand draft will be prepared and submitted prior to a month fixed for disposal of the suit filed U/S 13-B of Hindu Marriage Act before Mediation & Conciliation Centre, Allahabad High Court, Lucknow.

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E) That both the parties have agreed to withdraw/not press all the cases filed against each other, the details of which are as under:

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I. FIR No. 135 of 2019 UIS 498A, 323, 304, 506 LPC & 3/4 D. P. Act at PS Talkatora, Lucknow

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II. Case No 3351 of 2019 U/S 9 Hindu Marriage Act, 1955 pending before Ld. Principal Judge Family Court, Lucknow

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III. Case No. 602 of 2019 U/S 12 D. V. Act pending before Ld. A.C. J.M. Lucknow

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IV. Case No. 1226 of 2019 U/S 12 D. V. Act pending before Ld. A. C. J. M. Lucknow

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V. Complaint case no. 395 of 2019 U/S 406 IPC pending before Ld. A.C.J. M. Lucknow

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VI. Case No. 1709 of 2019 pending before Lil. A.C. J. M. Lucknow

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Besides the above if any other case is filed between both the parties the same shall also be withdrawn by either of the parties.

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F) That it is also agreed between the parties that neither they themselves nor any member of their respective families shall institute any malicious prosecution, in the form of any criminal or civil proceedings against each other, or any of their relative or family members, in future in respect to the

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present dispute or any matter incidental there to and if any proceeding has already been initiated the same would stand disposed off in terms of this Settlement Agreement.

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G) That both the parties will facilitate each other to get a decree of divorce in the suit u/s 13-B of Hindu Marriage Act filed before Principal Judge Family Court, Lucknow.

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H) That both the parties understand, agree and further bind themselves that if either of the parties rescinds or does not follow the conditions stipulated herein above and as be mentioned in the suit to be filed u/s 13-B of Hindu Marriage Act petition, such act shall entail for contempt of Court.

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7. By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to CRIMINAL MISC. CASE No. 2085 OF 2021 (Asheesh Trivedi & Anr. Vs. State of UP and another) and all disputes and difference in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation ."

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Considering the aforesaid facts and circumstances and taking into the observations made by the Apex Court in the cases (1). Gian Singh vs. State of Punjab & another; (2012) 10 SCC 303 (2) Narinder Singh & other vs State of Punjab & another; (2014) 6 SCC 477 (3) State of M.P. vs Laxmi Narayan; (2019) 5 SCC 688 and (4) State of M.P. vs Dhruv Gurjar, AIR 2017 SC 1106 , the proceeding of Case No.95845 of 2019 arising out of Case Crime No.135 of 2019, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Talaktora, District Lucknow is hereby quashed.

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The present application is allowed.

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Order Date :- 18.1.2024 A.Kr*

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Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Asheesh Trivedi and Another v. State of U.P. and Another

Case brief

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Asheesh Trivedi and Another v. State of U.P. and Another

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