Surendra Kumar and 4 Others Vs State of Up and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 4330 of 2024

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Surendra Kumar And 4 Others

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.....Applicant(s)

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	Versus
State of U.P. and Another		....	.Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Sharad Saran Srivast : Akansha Verma, Verma, G.A.	ava Deepak	Kumar

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Court No. - 74

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HON'BLE DEEPAK VERMA, J.

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Case called out in revised list. No one appeared to press this application. Counsel for the opposite party no. 2 is present.

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The present 482 Cr.P.C. application has been filed to quash the summoning order dated 25.08.2023 as well as entire proceedings of complaint case no. 1999 of 2023 (Jyoti Devi Vs. Surendra Kumar and others), under sections 498-A, 323, 504 I.P.C. and 4 D.P. Act, against the applicant no. 1 to 3 and under sections 498-A, 323, 504, 376 I.P.C. and 3/4 D.P. Act against the applicant no. 4 and 5, police station Manjhanpur, District Kaushambi, pending in the court of Chief Judicial Magistrate, Kaushambi.

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On perusal of record, it appears that the Co-ordinate Bench of this Court vide order dated 04.03.2024, had referred the matter to Mediation and Conciliation Centre of this Court. As per Mediation report, a settlement/agreement had arrived on 03.09.2024 between the parties. A copy of the same is on record. Perusal of the settlement/agreement thus reached reveals that the parties have amicably settled their dispute and further agreed to withdraw the cases between them. Both the parties are living separately. The said fact has been mentioned in para 7 of the settlement/agreement dated 03.09.2024. Paragraph 7 of the said report reads as under:

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"7. In view of the Interim Settlement Agreement dated 13.08.2024, the following settlement has been arrived at between the Parties hereto:-

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A482 No. 4330 of 2024

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2

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a) That both the parties have agreed to live separately and mutually settled to dissolve their relationship as husband and wife and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before Principal Judge, Family Court, Kaushambi and the same is registered as Marriage Divorce Petition No. 457 of 2024 (Jyoti Devi and Surendra Kumar). The certified copy of the aforesaid divorce petition is annexed to this settlement agreement for kind perusal of the Hon'ble Court.

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b) That it has been agreed between the parties that Surendra Kumar (applicant no.1-husband) shall pay an amount of Rs.1,50,000/- (Rs. One Lakh Fifty Thousand only) to Jyoti Devi (O.P. No.2-wife) towards permanent alimony including Stridhan and all her other financial claims. The aforesaid amount shall be paid by way of demand drafts.

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c) That on 13.08.2024, the applicant no.1-husband has produced a demand draft bearing No.460432 dated 13.08.2024 for Rs.75,000/- (Rupees Seventy Five Thousand only) drawn on Bank of Baroda in favour of Jyoti Devi (O.P. No.2-wife) which was kept in the concerned file and the same has been handed over today i.e. 03.09.2024 to the O.P. No.2-Wife and she has acknowledged the receipt of the same.

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d) That it has been agreed between the parties that the remaining amount i.e. Rs.75,000/- (Rupees Seventy Five Thousand only) shall be paid by the applicant no. 1- husband to the O.P. No.2-Wife at the time of second motion/final judgment in Marriage Divorce Petition No. 457 of 2024 pending in the Court of Principal Judge, Family Court, Kaushambi, by way of demand draft.

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e) That it has been stated by the parties that all the articles/belongings/household items has already been exchanged between them and they have accepted the same.

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f) That it has also been agreed between the parties that all civil and criminal cases 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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g) 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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h) 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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Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 03.09.2024 before the Mediation and Conciliation Centre of this Court and in view of the judgment of Apex Court in Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs.

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A482 No. 4330 of 2024

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State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688 , the proceedings of complaint case no. 1999 of 2023 (Jyoti Devi Vs. Surendra Kumar and others), under sections 498-A, 323, 504 I.P.C. and 4 D.P. Act, against the applicant no. 1 to 3 and under sections 498-A, 323, 504, 376 I.P.C. and 3/4 D.P. Act against the applicant no. 4 and 5, police station- Manjhanpur, District Kaushambi, are hereby quashed.

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The present application is allowed.

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(Deepak Verma,J.)

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May 12, 2026 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Surendra Kumar and 4 Others v. State of Up and Another

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Surendra Kumar and 4 Others v. State of Up and Another

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