Anurag Singh and 2 Others Vs State of Up and Another

Neutral Citation No. - 2025:AHC:59627

Court No. - 73

Case :- APPLICATION U/S 482 No. - 4850 of 2024 Applicant :- Anurag Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shantanu Bhardwaj Counsel for Opposite Party :- Dharmendra Kumar,G.A.

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Hon'ble Vikas Budhwar,J.

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A communication sent by the learned counsel for the applicants to the counsel for opposite party no.2 through Whatsapp is taken on record and marked as Appendix-A.

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The matter has been taken up in the revised list though the counsel for the applicants and learned AGA is present but nobody is present on behalf of the counsel for opposite party no.2.

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Heard Shri Shantanu Bhardwaj, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the State.

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This application under Section 482 Cr.PC. has been filed by the applicants to quash the summoning order dated 02.12.2023 passed by Additional Chief Judicial Magistrate, court no-5, Ghaziabaad, in complaint No. 2460 of 2023, (Rinkal versus Anurag Singh and others), U/s 498-A, 323, 504, 506 of I.P.C. and section 3/4 of Dowry Prohibition Act, pending in the court of Additional Chief Judicial Magistrate, court no-5, District-Ghaziabaad.

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This Court while entertaining the present application on 29.02.2024 proceeded to pass the following orders:

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"1. Heard learned counsel for the applicants and learned A.G.A for the State.

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2. This application under Section 482 Cr.P.C. has been filed by applicants for quashing the summoning order dated 2.12.2023 passed by Additional Chief Judicial Magistrate, Court No.5, Ghaziabad in Complaint No.2460 of 2023 (Rinkal Vs. Anurag Singh and others), under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act as well as entire proceedings of Complaint No.2460 of 2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act (Rinkal Vs. Anurag Singh and others),

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pending in the court of Additional Chief Judicial Magistrate, Court No.5, District Ghaziabad.

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3. Learned counsel for the applicants has submitted that present case arises out of a matrimonial dispute and there is every chance of amicable settlement of dispute outside the Court. It is further submitted that the case may be sent to Mediation and Conciliation Centre, Allahabad High Court for taking an effort for settlement between the parties.

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4. In view of above submissions made by learned Counsel for the applicants, it is directed that the applicants shall deposit Rs.25,000/- within two weeks from today through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court.

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5. In case, the aforesaid amount is deposited, the notice shall be issued to opposite party no.2 returnable within a period of two weeks. Rs.20,000/- out of the aforementioned deposited amount shall be paid to opposite party no.2 as expenses and this case shall be sent to Mediation and Conciliation Centre, Allahabad High Court. Mediation Centre is expected to conclude its proceedings within two months.

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6. List this case on 12.7.2024 along with report of Mediation Centre before appropriate Bench.

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7. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

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8. It is made clear that if the applicants fail to deposit the amount within two weeks or avoids in participating in the mediation proceedings or delays the proceedings, then coercive measure shall be taken against them as required."

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There is a report of the Allahabad High Court, Mediation Centre being the Settlement Agreement dated 20.07.2024 wherein in para 7, it has been recited as under:

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

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a) That the parties stated that they have already settled their dispute and decided to live separately and filed a petition u/s 13-B of the Hindu Marriage Act before Principal Judge (Family Court), Ghaziabad and the same is registered as Case No. 1217/2024 in which the next date is fixed as 07.11.2024. The parties stated that all the terms and conditions mentioned in the aforesaid divorce petition and the same shall be a part of this settlement also. The certified copy of the aforesaid divorce petition alongwith ordersheet is annexed to this settlement-agreement for kind perusal of this Hon'ble Court.

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b) That the parties stated that a divorce petition u/s 13(1) has already been filed by the O.P. No. 2, the same shall be withdrawn by the O.P. No. 2-Rinkal as soon as possible.

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c) That the O.P. No.2-Rinkal states that she has waived off the claim of permanent alimony including Stridhan and all her financial claims that may accrue against the husband and his family members, as such there remains no dispute between the parties.

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d) That it has also been agreed between the parties that if the Hon'ble Court pleases to allow the present Application u/s 482 No.4850 of 2024, the O.P. No.2 will have no objection in any manner whatsoever.

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e) That it has also been agreed between the parties that all civil and criminal cases (if any) filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.

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

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g) 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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Learned counsel for the applicants submits that parties have already entered into compromise and a settlement agreement has already been entered into between the parties, thus, there is no dispute or difference between them. Hence, the proceedings be quashed.

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Looking into the facts, parties have already appeared before the Allahabad High Court, Mediation Centre and said agreement has also been executed on 20.07.2024, thus, it is separate from Annexure-E, Form- 5 report to the Court, thus, there is no justification even otherwise to proceed with the matter.

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Accordingly, the application is allowed .

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The proceedings of complaint No. 2460 of 2023, (Rinkal versus Anurag Singh and others), U/s 498-A, 323, 504, 506 of I.P.C. and section 3/4 of Dowry Prohibition Act, pending in the court of Additional Chief Judicial Magistrate, court no-5, DistrictGhaziabaad, are quashed as against the applicants.

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However, liberty is accorded to the opposite party no. 2 to prefer an application, in case, he or she is aggrieved.

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Order Date :- 21.4.2025 A. Prajapati

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Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

Anurag Singh and 2 Others v. State of Up and Another

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