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Applicant :- Abhishekh Yadav And 2 Other Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Surya Narayan Singh,Aakash Srivastava,Apoorv Srivastava,Brajesh Kumar Yadav,Preeti Singh Counsel for Opposite Party :- G.A.,S.K. Tripathi,S.K.Tripathi Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. The present application has been filed with a prayer to quash the summoning order dated 10.01.2024 passed in Case Crime No.0345 of 2021, u/s 504, 506, 498A I.P.C. & 3/4 D.P. Act, P.S.-Sarojini Nagar, District Lucknow, pending in the court of A.C.J.M.-VIII, Lucknow. Considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute between the parties and the offence against the applicants, this Court vide order dated 07.03.2024 referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties. In compliance of order of this Court dated 07.03.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 06.05.2024 has submitted its report, which has been annexed as 'Annexure- E', wherein it has been mentioned 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 para of settlement agreement 06.05.2024 is extracted herein-under: "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Abhishekh Yadav (First Party/husband) and Naharika @ Kamini Yadav (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future and for the purpose of dissolution of their marriage the parties have filed a petition bearing Case No.1392 of 2024 for divorce with mutual consent U/S 13-B Hindu Marriage Act, 1955 before Family Court, Lucknow. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest. B. That the First Party had agreed to pay to the Second Party and the Second Party had agreed to receive from the First Party a total sum of Rs.7,70,000/- (Seven Lacs Seventy Thousand only) towards one time full and final settlement of all the claims of the Second Party against First Party including the claim for permanent alimony. C. That out of aforesaid amount of Rs.7,70,000/- (Seven Lacs Seventy Thousand only), the First Party has already paid an amount of Rs.3,85,000/- (Three Lacs Eighty Five Thousand only) to the Second Party vide an A/c Payee cheque No. 694116 dated 01.01.2024. The Second Party acknowledges the receipt of said payment of Rs.3,85,000/-(Three Lacs Eighty Five Thousand only). D. That the parties have agreed that the balance amount of Rs.3,85,000/- (Three Lacs Eighty Five Thousand only) would be paid at the time of second/final motion of R. S. No. 1392 of 2024 for divorce with mutual consent U/S 13-B Hindu Marriage Act, 1955 filed before the Family Court, Lucknow. E. That the parties have agreed to withdraw/not pursue the cases filed against each other. The details of the cases are mentioned hereinunder (1) Case No. 1605 of 2021 U/S 9 of Hindu Marriage Act, pending before Family Court, Lucknow. (11) Crl. Misc. Case No. 1413 of 2022 U/S 12 of D. V. Act, P. S. Sarojni Nagar, Lucknow. (III) Crime Case No. 0345 of 2021 U/S-504.506,498-A, IPC and Section 3/4 D. P. Act, P. S.-Sarajani Nagar, District-Lucknow. F. That the Second Party has agreed that she shall not have any objection if the Hon'ble Court decides the APPLICATION U/S 482 No. 1155 of 2024 (Abhishekh Yadav & Others Vs State of U.P. & Another) in terms of this settlement agreement. G. In addition to above mentioned case, if any other case(s) is pending between the parties, both the parties shall not have any objection if the case(s) is disposed of by the Hon'ble Court in terms of this Settlement Agreement. H. 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. I That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court hence for contempt of the Court." 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. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No.0345 of 2021, quoted above, are hereby quashed qua the applicants. It is open for the concerned party to prefer an application for recall of the order if the terms of settlement are not complied with. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance forthwith. Order Date :- 14.2.2025 Mohit Singh/-
Applicant :- Abhishekh Yadav And 2 Other Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Surya Narayan Singh,Aakash Srivastava,Apoorv Srivastava,Brajesh Kumar Yadav,Preeti Singh Counsel for Opposite Party :- G.A.,S.K. Tripathi,S.K.Tripathi Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. The present application has been filed with a prayer to quash the summoning order dated 10.01.2024 passed in Case Crime No.0345 of 2021, u/s 504, 506, 498A I.P.C. & 3/4 D.P. Act, P.S.-Sarojini Nagar, District Lucknow, pending in the court of A.C.J.M.-VIII, Lucknow. Considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute between the parties and the offence against the applicants, this Court vide order dated 07.03.2024 referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties. In compliance of order of this Court dated 07.03.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 06.05.2024 has submitted its report, which has been annexed as 'Annexure- E', wherein it has been mentioned 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 para of settlement agreement 06.05.2024 is extracted herein-under: "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Abhishekh Yadav (First Party/husband) and Naharika @ Kamini Yadav (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future and for the purpose of dissolution of their marriage the parties have filed a petition bearing Case No.1392 of 2024 for divorce with mutual consent U/S 13-B Hindu Marriage Act, 1955 before Family Court, Lucknow. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest. B. That the First Party had agreed to pay to the Second Party and the Second Party had agreed to receive from the First Party a total sum of Rs.7,70,000/- (Seven Lacs Seventy Thousand only) towards one time full and final settlement of all the claims of the Second Party against First Party including the claim for permanent alimony. C. That out of aforesaid amount of Rs.7,70,000/- (Seven Lacs Seventy Thousand only), the First Party has already paid an amount of Rs.3,85,000/- (Three Lacs Eighty Five Thousand only) to the Second Party vide an A/c Payee cheque No. 694116 dated 01.01.2024. The Second Party acknowledges the receipt of said payment of Rs.3,85,000/-(Three Lacs Eighty Five Thousand only). D. That the parties have agreed that the balance amount of Rs.3,85,000/- (Three Lacs Eighty Five Thousand only) would be paid at the time of second/final motion of R. S. No. 1392 of 2024 for divorce with mutual consent U/S 13-B Hindu Marriage Act, 1955 filed before the Family Court, Lucknow. E. That the parties have agreed to withdraw/not pursue the cases filed against each other. The details of the cases are mentioned hereinunder (1) Case No. 1605 of 2021 U/S 9 of Hindu Marriage Act, pending before Family Court, Lucknow. (11) Crl. Misc. Case No. 1413 of 2022 U/S 12 of D. V. Act, P. S. Sarojni Nagar, Lucknow. (III) Crime Case No. 0345 of 2021 U/S-504.506,498-A, IPC and Section 3/4 D. P. Act, P. S.-Sarajani Nagar, District-Lucknow. F. That the Second Party has agreed that she shall not have any objection if the Hon'ble Court decides the APPLICATION U/S 482 No. 1155 of 2024 (Abhishekh Yadav & Others Vs State of U.P. & Another) in terms of this settlement agreement. G. In addition to above mentioned case, if any other case(s) is pending between the parties, both the parties shall not have any objection if the case(s) is disposed of by the Hon'ble Court in terms of this Settlement Agreement. H. 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. I That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court hence for contempt of the Court." 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. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No.0345 of 2021, quoted above, are hereby quashed qua the applicants. It is open for the concerned party to prefer an application for recall of the order if the terms of settlement are not complied with. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance forthwith. Order Date :- 14.2.2025 Mohit Singh/-