Disposed

Hari Om Kumar and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Home and Another

Allahabad HC13 Jun 2024A482/2711/2024

Case brief

AI extract

What is this about?

The Court stayed several criminal complaints including Sections 498-A IPC and Dowry Prohibition Act, pending in lower courts, relying on a settlement between the parties for divorce under Section 13-B of the Hindu Marriage Act. The Court directed the Family Court to decide the divorce petition expeditiously.

What did the court decide?

Stay granted on listed criminal cases pending before lower courts; direction issued to Family Court to decide divorce petition expeditiously.

Hari Om Kumar and 3 Others vs State of U.P. Thru. Addl… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 16

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Case :- APPLICATION U/S 482 No. - 2711 of 2024

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Applicant :- Hari Om Kumar And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home And Another Counsel for Applicant :- Rakesh Kumar Agarwal,Saksham Agarwal Counsel for Opposite Party :- G.A.,Chandan Srivastava,Pranshu Agrawal

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Hon'ble Shamim Ahmed,J.

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Heard Shri Pradeep Kumar Mishra, holding brief of Shri Saksham Agarwal, learned Counsel for the applicants, Shri Pranshu Agrawal, learned Counsel for the opposite party No.2 and Dr. V.K. Singh, learned Government Advocate alongwith Shri Hari Shankar Bajpai, learned A.G.A-I for the Stateopposite party No.1.

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In compliance of the order dated 14.06.2024, the applicants, namely-Hari Om Kumar, Anurag Sharma, Asha Sharma and maternal grandfather of the applicant No.3, namely-G.S. Dubey, Sri Ramakant, uncle of the applicant No.3 and the opposite party No.2, namely-Vidhi Pandya alongwith her mother are present before this Court in person. All of them have been identified by their respective counsel.

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On 14.06.2024, this Court has passed the following order:-

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"Heard Shri Saksham Agarwal, learned Counsel for the applicants, Shri Pranshu Agrawal, learned Counsel for the opposite party No.2 and Dr. V.K. Singh, learned Government Advocate alongwith Shri Hari Shankar Bajpai, learned A.G.A-I for the State-opposite party No.1.

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In compliance of the order dated 13.06.2024, the applicants, namely-Hari Om Kumar, Anurag Sharma, Asha Sharma and maternal grandfather of the applicant No.3, namely-G.S. Dubey, grandfather of the applicant No.3, namely-Ramji Lal Sharma, uncle of the applicant No.3 and the opposite party No.2, namely-Vidhi Pandya alongwith her mother are present before this Court in person, who have been identified by their respective counsel.

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After a long discussion made between the parties and their advocates, ultimately the parties arrived to a final settlement and it was agreed between the parties that the applicant no.3, Anurag Sharma and other applicants will pay Rs.45,00,000/- as one time settlement amount to the opposite party no.2, Ms. Vidhi Pandya.

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It has also been assured by Shri Saksham Agarwal, learned counsel for the applicants and Shri Pranshu Agarwal, learned counsel for the opposite party no.2 that they will file a petition under Section 13-B of the

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Hindu Marriage Act in the first week of July, 2024. A copy of the petition will be filed jointly by both the parties and the same shall be annexed with the supplementary affidavit, which will be filed before this Court on the next date fixed. They also submit that whatever the terms and conditions arrived between the parties, shall also be mentioned in the petition under Section 13-B of the Hindu Marriage Act.

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It has also been assured by applicant no.3, Shri Anurag Sharma that the amount of Rs.45,00,000/- will be paid in following manners.

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A) A Bank Demand Draft of Rs.40,00,000/- will be paid in favour of the opposite party no.2, Vidhi Pandya on 15.07.2024 before this Court and the remaining amount of Rs.5,00,000/- will be paid within ten days after the decree under Section 13-B of the Hindu Marriage Act is passed by the learned family court.

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B) The details of total payment will be produced before this Court by way of supplementary affidavit alongwith details of all the civil as well as criminal cases filed by Ms. Vidhi Pandya against the family members of Shri Anurag Sharma, the applicant no.3 and the cases filed by Shri Anurag Sharma, the applicant no.3 against Ms. Vidhi Pandya, the opposite party no.2 or her family members, if any.

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Both the parties as well as their respective counsel submit that proceedings of all the cases may be quashed by this Hon'ble Court exercising its inherent power under Section 482 Cr.P.C. in terms of the decree of divorce passed under Section 13-B of the Hindu Marriage Act by the concerned family court.

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Put up this case on 15.07.2024 before this Court for further orders.

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Interim order, granted earlier, shall continue till the next date of listing.

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It is made clear that in future the parties shall not file any civil or criminal cases against each other in respect of their instant matrimonial dispute. The parties are free to live their independent lives after the decree of divorce is passed under Section 13-B of the Hindu Marriage Act.

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On the next date of listing, the applicant no.1-Hari Om Kumar, the applicant no.3-Anurag Sharma, applicant no.4-Asha Sharma and Sri G.S. Dubey, maternal grand father of the applicant no.3 shall remain present before this Court in person. The opposite party no.2, Ms. Vidhi Pandya shall also appear in person before this Court on the next date fixed. "

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In compliance of the aforesaid order dated 14.06.2024, the applicants have brought four Bank Demand Drafts totaling the sum of Rs.40,00,000/-, details thereof is mentioned hereunder:-

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i) Demand Draft No.436771 dated 12.07.2024 of Rs.10,00,000/-.

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ii) Demand Draft No.897197 dated 05.07.2024 of Rs.15,00,000/-.

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iii) Demand Draft No.171844 dated 05.07.2024 of

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Rs.10,00,000/-.

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iv) Demand Draft No.803441 dated 04.07.2024 of Rs.5,00,000/-.

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All the aforesaid Bank Demand Drafts have been received by the Opposite Party No.2, Ms. Vidhi Pandya in front of her mother and her counsel, namely, Sri Pranshu Agarwal. She has also made a receiving on the photostat copy of the aforesaid Bank Demand Drafts. The receiving is taken on record.

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Learned counsel for the applicants has also filed a supplementary affidavit today in the Court, which is taken on record. In para 4 of the Supplementary Affidavit, it has been mentioned that the applicant no.3 and opposite party no.2 have filed a petition for divorce under Section 13-B of the Hindu Marriage Act, 1955 before the learned Principal Judge, Family Court, Lucknow, copy of the petition is annexed as annexure no.SA-1 to this affidavit. Further, in para 6 of the aforesaid Supplementary Affidavit, details of cases, which have been filed against each other and their family members have also been mentioned, which are being reproduced hereunder:-

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(i) Vidhi Pandya Vs. Ishika Sharma and Others, Criminal Complaint No.108436/2023, under Section 406 I.P.C. and Section 6 of Dowry Prohibition Act, pending before the learned Court of A.C.J.M. (VIII), Lucknow.

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(ii) State of U.P. vs. Anurag Sharma and Others, Crime No.214/2023, under Sections 498-A, 313, 323, 377, 504, 506, 420 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Gomtinagar Vistar, Commissionerate Lucknow pending before the learned Chief Judicial Magistrate, Lucknow.

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(iii) Vidhi Pandya Vs. Anurag Sharma and Others, Complaint No.4980/2023, under Section 12 of Protection of Women against Domestic Violence Act, Police Station Gomtinagar Vistar, District Lucknow pending before the learned Judicial Magistrate (II), Lucknow.

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(iv) Anurag Sharma Vs. Vidhi Pandya and Others, Criminal Appeal No.93/2024, under Section 29 of Protection of Women against Domestic Violence Act, Police Station Gomtinagar Vistar, District Lucknow pending before learned Additional District Judge, Court No.21, Lucknow.

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(v) Vidhi Pandya Vs. Anurag Sharma and Others, Criminal Complaint No.38680/2024 filed on 15.04.2024 pending

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before learned Chief Judicial Magistrate, Lucknow.

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(vi) Hari Om Kumar and Others Vs. State of U.P. and Others, Application No.2711 of 2024, under Section 482 Cr.P.C. pending before Hon'ble High Court of Judicature at Allahabad, Lucknow Bench.

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This Court has perused the supplementary affidavit, annexures filed therein and the averments made at para 6 of the affidavit. In the petition filed under Section 13-B of the Hindu Marriage Act, the conditions are laid down and the parties are bound to make compliance of the aforesaid conditions.

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In para 5 of the aforesaid Supplementary Affidavit, it has been stated that Rs.40,00,000/- are being paid to Ms. Vidhi Pandya today whereas Rs.5,00,000/- will be paid within ten days after the decree of divorce will be passed.

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All the criminal cases which are filed by both the parties against each other and their family members will be quashed by this Court after the decree of divorce is passed by the learned Principal Judge, Family Court, Lucknow on the next date fixed in this case and the parties have no objection to it.

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Both the parties as well as their counsel submit that now no case will be filed against each other by any party with regard to matrimonial dispute in future and both the parties will live their independent life happily and will not interfere any further in each other's life.

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The parties also submit that since both the parties have settled their dispute and a petition under Section 13-B of the Hindu Marriage Act has also been filed before the learned Principal Judge, Family Court, Lucknow on 06.07.2024, which is pending, thus, this Court may issue a positive direction to the learned Principal Judge, Family Court, Lucknow to decide the aforesaid petition filed under Section 13-B of the Hindu Marriage Act expeditiously i.e. within time fixed by this Hon'ble Court by diluting the period of motions in view of the judgment of Hon'ble Supreme Court in the case of Amardeep Singh vs. Harveen Kaur, 2017 (8) SCC 746 and Division Bench of this Court in the case of Shalini Massey vs. Neeraj Samuel Dass passed in First Appeal Defective No.392 of 2019 .

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Dr. V.K. Singh, learned Government Advocate alongwith Shri Hari Shankar Bajpai, learned A.G.A-I for the State-opposite party No.1 also submit that as the dispute between the parties has already been settled and a petition under Section 13-B of

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the Hindu Marriage Act has also been filed and is pending before the learned Principal Judge, Family Court, Lucknow, thus, they have no objection if this Court issues a positive direction to the learned Principal Judge, Family Court, Lucknow to decide the aforesaid petition filed under Section 13-B of the Hindu Marriage Act within stipulated period in view of the two judgments referred above.

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In view of the statements made by the learned counsel for the parties, the learned Principal Judge, Family Court, Lucknow is directed to decide the aforesaid petition filed under Section 13B of the Hindu Marriage Act expeditiously i.e. within two months in view of the judgment rendered by Hon'ble the Supreme Court in the case of Amardeep Singh (Supra) and Division Bench of this Court in the case of Shalini Massey (Supra) , without granting any unnecessary adjournment to either of the parties from the date of filing of the certified copy of this order, unless there is some legal impediment or unless there is any order passed by the higher court staying the proceedings of the case.

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Put up this case on 23.09.2024 before this Court for further orders.

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On the next date of listing, the applicant shall file a copy of the decree of divorce passed under Section 13-B of the Hindu Marriage Act by way of supplementary affidavit.

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It is directed that the proceedings of cases mentioned herein below shall remain stayed till the next date of listing:-

(v) Vidhi Pandya Vs. Anurag Sharma and Others, Criminal Complaint No.38680/2024 filed on 15.04.2024 pending before learned Chief Judicial Magistrate, Lucknow.

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Interim order, granted in this case, shall also continue till the next date of listing.

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On the next date of listing, the applicant no.3, Anurag Sharma shall remain present before this Court in person alongwith Bank Demand Draft of Rs.5,00,000/- and the opposite party no.2, Vidhi Pandya shall also remain present before this Court in person for collecting the aforesaid Bank Demand Draft. Rest of the parties are exempted from personal appearance till further orders of this Court.

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It is further directed that a copy of this order be placed before the learned Principal Judge, Family Court, Lucknow within ten days' from today by either of the parties. This Court hope and trust that the learned Principal Judge, Family Court, Lucknow will decide the petition filed under Section 13-B of the Hindu Marriage Act expeditiously in view of the observations made herein above.

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Order Date :- 15.7.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Hari Om Kumar and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Home and Another

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Hari Om Kumar and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Home and Another

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