Smt. Shalini Trivedi and 3 Others Vs State of U.P. Thru. Its Prin. Secy. Home Deptt. U.P. Sachivalaya Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 122 of 2025

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Smt. Shalini Trivedi And 3 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Its Prin. Secy. Sachivalaya Lko. And Another	Home Deptt. U.P. ..	...Opposite Party(s)
Counsel for Applicant(s)	: Satya Prakash, Abhishek Srivastava	Vishwakarma, Raj
Counsel for Opposite Party(s)	: G.A., Lalit Kishore Pandey

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Court No.- 11

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HON'BLE SAURABH LAVANIA, J.

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Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record.

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The present application has been filed by the applicants for the following main relief(s):-

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"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the Summoning Order dated 30.08.2022 passed in complaint case registered as Criminal Misc Case No.5598/2020 P.S. Mahanagar, Lucknow under Section 323, 504 and 506 IPC titled as Dr. Upma Trivedi Versus Shalini Trivedi and others passed by Court of Special Additional Chief Judicial Magistrate, CBI, (Ayodhya Prakaran), Lucknow and the Complaint registered as Criminal Misc Case No. 5598/2020 P.S. Mahanagar, Lucknow under Section 323, 504 and 506 IPC and every subsequent proceeding initiated on the basis of aforesaid Complaint."

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It appears that on the basis of the submissions made by the learned counsel for the applicants, this Court vide its order dated 31.01.2025, referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties.

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It also appears that in compliance of order of this Court dated 31.01.2025, a SETTLEMENT AGREEMENT has entered into between applicants and opposite party No. 2 on 21.04.2025 thereby indicating 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. The relevant paragraphs of the settlement agreement are extracted herein under :-

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A482 No. 122 of 2025

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2

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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 Shalini Trivedi (wife-First Party) and Mohit Trivedi (husband-Second Party) have agreed to live separately and dissolve their marriage with mutual consent. Accordingly both the parties have filed a joint petition for divorce U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Lucknow on 24.03.2025 registered as R. S. No.973 of 2025.

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

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C. That the Second Party/husband has agreed to pay and the First Party/wife has agreed to receive a total sum of Rs.40,00,000/-(Rupees Forty Lakhs only) towards one time full and final settlement of all the claims of First Party against the Second Party including the claim for temporary/permanent alimony and maintenance of their children namely Ms. Shivani Trivedi (daughter) and Mr. Shivansh Trivedi (son).

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D. That the parties have agreed that out of aforesaid amount of Rs.40,00,000/-(Rupees Forty Lakhs only), a sum of Rs.20,00,000/-(Rupees Twenty Lakhs only) shall be paid for temporary/permanent alimony of the First Party, a sum of Rs.10,00,000)- (Rupees Ten Lakhs only) shall be paid for maintenance of Ms. Shivani Trivedi (daughter) and Rs.10,00,000/-(Rapees Ton Lakhs only) shall be paid for maintenance of Mr. Shivansh Trivedi.

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E. That the parties have agreed that the aforesaid total amount of Rs.40,00,000/-(Rupees Forty Lakhs only) shall be paid by the Second Party to the First Party in two equal installments. The first installment of Rs.20,00,000/- (Rupees Twenty Lakhs only) has been paid by the Second Party/husband to the First Party/wife and receipt of the same is acknowledged by the First Party/wife. The second installment of Rs.20,00,000/- (Rupees Twenty Lakhs only) will be paid by the Second Party/husband to the First Party/wife at the time of final motion of the joint petition bearing Rs. S. No. 973 of 2025 U/S 13-B Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Lucknow.

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F. That the parties have agreed that the children namely Ms. Shivani Trivedi (daughter) and Mr. Shivansh Trivedi (son) shall remain in the custody of the First Party and the First Party has further agreed that she

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A482 No. 122 of 2025

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will ensure quality education of Ms. Shivani (daughter) and Mr. Shivansh (son). Further the Second Party-Dr. Mohit Trivedi has all rights to visit and meet the children and their teacher in their educational institute. Moreover the children will be free to spend time with their father and grandmother with the consent of the First Party-Mrs. Shalini Trivedi till they are minor.

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G. That the parties have agreed that Mr. Mohit Trivedi (Second Party) shall be allowed to visit both the children Ms. Shivani (daughter) and Mr. Shivansh (son) subject to convenience of the subject to the convenience of Mrs. Shalini Trivedi (First Party) and willingness of their said children.

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H. That there is a bank locker in the joint name of Mr. Mohit Trivedi (Second Party) and Mrs. Shalini Trivedi (First Party) of the parties have agreed that the jewellery items given to Mrs. Shalini (First Party) at the time of marriage between, which have been kept in a locker of Central Bank of India their joint name, shall be given to their daughter Ms. Shivani Trivedi which shall be used by Ms. Shivani Trivedi.

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I. That the parties have agreed to withdraw/ not pursue the cases filed by them against each other their family members and they shall have no objection if the Hon'ble Court quashes the F.I.R or decides the cases in terms of this settlement agreement as per it's pleasure. The details of the cases are as under:

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a) Complaint Case No. 2992 of 2012 Under Section 12 of D. V. Act. titled as Shalini Trivedi Vs. Mohit Trivedi and Another pending before Learned Court of ACJM-3 Varanasi.

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b) R. S No. 1640/2019 Under Section 13 of Hindu Marriage Act, titled as Shalini Trivedi Vs Mohit Trivedi pending before the Learned Court of Principal Judge, Family Court Varanasi (withdrawn).

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c) Case Under Section 9 of Hindu Marriage Act filed on 30.05.2016 titled as Shalini Trivedi Vs Mohit Trivedi before Principal Judge, Family Court, Varanasi (Withdrawn).

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d) Complaint case No. 5598 of 2020, P. S- Mahanagar, Lucknow, Under Section 323, 504, 506, IPC titled as Dr. Upma Trivedi Vs. Shalini Trivedi Pending before the Learned Special Additional CJM, CBI (Ayodhya Prakaran), Lucknow.

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e) R. S. No.706/2019 petition filed Under Section 13 of Hindu Marriage Act,, titled as Mohit Trivedi Vs Shalini Trivedi, decided by Additional Principal Judge, Family Court-9, Lucknow (dismissed on 20.01.2021).

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A482 No. 122 of 2025

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f) R. S. No. 22-C/2019 Under Section 26 of Hindu Marriage Act, titled as Mohit Trivedi Vs Shalini Trivedi and Others decided by Additional Principal Judge, Family Court-6, Lucknow (Dismissed on 31.07.2024).

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J. That the parties have agreed that they will not have any objection if the APPLICATION U/s 482 No. 122 of 2025 (Smt. Shalini Trivedi & Others Vs State of U. P. & Another) emanating from Complaint case No. 5598 of 2020, P. S.- Mahanagar, Lucknow, Under Section 323, 504, 506, IPC titled as Dr. Upma Trivedi Vs. Shalini Trivedi Pending before the Learned Special Additional CJM, CBI (Ayodhya Prakaran), Lucknow is decided the Hon'ble Court in terms of this settlement agreement.

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K. That the parties have agreed that in addition to the abovementioned cases, if any other case is pending between the parties and/or any of their family members, it shall also be disposed off in terms of this settlement agreement and both the parties agree to co-operate to end all the litigation between the parties and their family members.

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L. 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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M. That both the parties agree that they shall be bound by the terms and conditions of this Settlement in strict sense. The First Party has agreed that in case she fails to cooperate in the divorce proceedings and in disposal of pending cases filed by her against the Second Party and his family members, she will return to the Second Party the entire amount received by her from the Second Party along with interest @9% pa. with effect from the date of receipt of the amount/ installment from the Second Party and till the date of its actual payment to the Second Party.

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N. That the Second Party has agreed in case he fails to attend and cooperate in the divorce case, the amount received by the First Party from the Second Party shall not be returned by the First Party to the Second Party and the First Party will be at liberty to reopen all her cases 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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7. By Signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to the matter involved in APPLICATION U/s 482 No.122 of 2025 (Smt. Shalini Trivedi & Others Vs State of U. P. & Another) and all disputes and differences in

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A482 No. 122 of 2025

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this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

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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 State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435 , according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, 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 , according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed, 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.

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Accordingly, present application is allowed . Consequently, the entire proceedings of Criminal Misc. Case No.5598/2020, Police Station-Mahanagar, Lucknow under Section s 323, 504, 506 IPC (Dr. Upma Trivedi Versus Shalini Trivedi and others), pending in the Court of Special Additional Chief Judicial Magistrate, CBI, Ayodhya Prakaran, Lucknow, quoted above, are hereby quashed qua the applicants.

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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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September 12, 2025 ML/-

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(Saurabh Lavania,J.)

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Smt. Shalini Trivedi and 3 Others v. State of U.P. Thru. Its Prin. Secy. Home Deptt. U.P. Sachivalaya Lko. and Another

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Smt. Shalini Trivedi and 3 Others v. State of U.P. Thru. Its Prin. Secy. Home Deptt. U.P. Sachivalaya Lko. and Another

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