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Applicant :- Amit Raj Srivastava And 5 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Applicant :- Lokendra Kumar Gupta,Ravendra Pratap Singh,Sumit Gupta Counsel for Opposite Party :- G.A.,Pankaj Kumar Tiwari Hon'ble Saurabh Lavania,J. Heard. Instant application has been preferred by the applicants for quashing the impugned summoning order dated 02.05.2015, Chargesheet No. 24 of 2015 dated 13.01.2015 and further proceedings of Criminal Case No. 21086 of 2015 arising out of Case Crime No. 549 of 2014 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Thakurganj District-Lukcnow pending in the court of Additional Chief Judicial Magistrate (CBI), 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 19.03.2024 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 19.03.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 27.11.2024 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 27.11.2024 is extracted herein-under: "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Amit Raj Srivastava (husband)-First Party and Anamika Srivastava (wife)-Second Party have mutually agreed to dissolve their marriage and live separately in future and for the purpose of dissolution of their marriage, the parties have filed a joint petition for divorce bearing R. S. No. 4085 of 2024 U/S 13-B Hindu Marriage Act, 1955 before the Principal Judge, 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 parties have agreed that the First Party/husband shall pay a sum of Rs. 12,50,000/- (Rupees Twelve Lacs Fifty Thousand only) to the Second Party/wife towards one time full and final settlement of all the claims of the Second Party from the First Party including the claim for temporary/permanent alimony. C. That both the parties agree that the aforementioned amount of Rs. 12,50,000/- (Rupees Twelve Lacs Fifty Thousand only) would be paid to the Second Party/wife in two installments through Demand Drafts drawn in favour of Anamika Srivastava. The first installment of Rs. 7,00,000/- (Rupees Seven Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before Mediation and Conciliation Centre, Allahabad High Court, Lucknow. The second installment of Rs.5,50,000/-(Rupees Five Lacs Fifty Thousand only) will be paid by the First Party/husband to the Second Party/wife at the time of final motion of the joint petition bearing R. S. No. 4085 of 2024 filed Under Section 13- B, Hindu Marriage Act, 1955 before the Family Court, Lucknow, D. That the First Party has handed two Demand Drafts to the Second Party today i.e.27.11.2024 towards the payment of aforesaid first installment. The details of the Demand Drafts are mentioned hereunder: (i) D. D. No.849638 dated 05.11.2024 amounting to Rs.6,50,000/- (Rupees Six Lacs Fifty Thousand only) drawn on Punjab National Bank, Branch, Spl. Retails Fin Br. Gomti Nagar, Lucknow. (ii) D. D. No.005923 dated 22.11.2024 amounting to Rs.50,000/- (Rupees Fifty Thousand only) drawn on Axis Bank, Branch Rajajipuram, Lucknow. E. That the Second Party has agreed that she will not have any objection if the Hon'ble High Court decides the APPLICATION U/s 482 No.2634 of 2024 (Amit Raj Srivastava & Others Vs State of UP & Others) in terms of this settlement agreement. F. That the parties have agreed to withdraw/not to pursue the cases filed against each others. The details of the cases are mentioned hereunder (i) Case No. 1494 of 2014 U/s 12 of D. V. Act pending before J. M. IIIrd, Lucknow (ii) Case No.21086 of 2015 arising out of F.I.R. No.549 of 2014 U/S 4984, 323, 504, 506 1.P.C. and Section 3/4 D. P. Act, P. S. Thakurganj, Lucknow (iii) Case No.2047 of 2024 U/S 125 Cr. P. C. pending before APJ-IVth, Family Court, Lucknow. G. In addition to above mentioned cases, if any other case(s) are pending between the parties, both the parties shall not have any objection if the case(s) are 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 thereto. incidental 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. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings, she shall be bound to return to the First Party the entire money received by her from the First Party along with interest @ 9% p.a. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party. The First Party has agreed that in case he fails to attend and cooperate in the divorce case, the amount received by the Second Party from the First Party shall not be returned by the Second Party and the Second Party shall be at liberty to reopen her case(s) decided by the Hon'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum." Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the report of the Mediation and Conciliation Centre of this Court as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, 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 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 FIR No./Case Crime No., quoted above, are hereby quashed qua the applicant(s) in terms of settlement agreement. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 8.1.2025 Mohit Singh/-
Applicant :- Amit Raj Srivastava And 5 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Applicant :- Lokendra Kumar Gupta,Ravendra Pratap Singh,Sumit Gupta Counsel for Opposite Party :- G.A.,Pankaj Kumar Tiwari Hon'ble Saurabh Lavania,J. Heard. Instant application has been preferred by the applicants for quashing the impugned summoning order dated 02.05.2015, Chargesheet No. 24 of 2015 dated 13.01.2015 and further proceedings of Criminal Case No. 21086 of 2015 arising out of Case Crime No. 549 of 2014 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Thakurganj District-Lukcnow pending in the court of Additional Chief Judicial Magistrate (CBI), 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 19.03.2024 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 19.03.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 27.11.2024 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 27.11.2024 is extracted herein-under: "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Amit Raj Srivastava (husband)-First Party and Anamika Srivastava (wife)-Second Party have mutually agreed to dissolve their marriage and live separately in future and for the purpose of dissolution of their marriage, the parties have filed a joint petition for divorce bearing R. S. No. 4085 of 2024 U/S 13-B Hindu Marriage Act, 1955 before the Principal Judge, 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 parties have agreed that the First Party/husband shall pay a sum of Rs. 12,50,000/- (Rupees Twelve Lacs Fifty Thousand only) to the Second Party/wife towards one time full and final settlement of all the claims of the Second Party from the First Party including the claim for temporary/permanent alimony. C. That both the parties agree that the aforementioned amount of Rs. 12,50,000/- (Rupees Twelve Lacs Fifty Thousand only) would be paid to the Second Party/wife in two installments through Demand Drafts drawn in favour of Anamika Srivastava. The first installment of Rs. 7,00,000/- (Rupees Seven Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before Mediation and Conciliation Centre, Allahabad High Court, Lucknow. The second installment of Rs.5,50,000/-(Rupees Five Lacs Fifty Thousand only) will be paid by the First Party/husband to the Second Party/wife at the time of final motion of the joint petition bearing R. S. No. 4085 of 2024 filed Under Section 13- B, Hindu Marriage Act, 1955 before the Family Court, Lucknow, D. That the First Party has handed two Demand Drafts to the Second Party today i.e.27.11.2024 towards the payment of aforesaid first installment. The details of the Demand Drafts are mentioned hereunder: (i) D. D. No.849638 dated 05.11.2024 amounting to Rs.6,50,000/- (Rupees Six Lacs Fifty Thousand only) drawn on Punjab National Bank, Branch, Spl. Retails Fin Br. Gomti Nagar, Lucknow. (ii) D. D. No.005923 dated 22.11.2024 amounting to Rs.50,000/- (Rupees Fifty Thousand only) drawn on Axis Bank, Branch Rajajipuram, Lucknow. E. That the Second Party has agreed that she will not have any objection if the Hon'ble High Court decides the APPLICATION U/s 482 No.2634 of 2024 (Amit Raj Srivastava & Others Vs State of UP & Others) in terms of this settlement agreement. F. That the parties have agreed to withdraw/not to pursue the cases filed against each others. The details of the cases are mentioned hereunder (i) Case No. 1494 of 2014 U/s 12 of D. V. Act pending before J. M. IIIrd, Lucknow (ii) Case No.21086 of 2015 arising out of F.I.R. No.549 of 2014 U/S 4984, 323, 504, 506 1.P.C. and Section 3/4 D. P. Act, P. S. Thakurganj, Lucknow (iii) Case No.2047 of 2024 U/S 125 Cr. P. C. pending before APJ-IVth, Family Court, Lucknow. G. In addition to above mentioned cases, if any other case(s) are pending between the parties, both the parties shall not have any objection if the case(s) are 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 thereto. incidental 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. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings, she shall be bound to return to the First Party the entire money received by her from the First Party along with interest @ 9% p.a. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party. The First Party has agreed that in case he fails to attend and cooperate in the divorce case, the amount received by the Second Party from the First Party shall not be returned by the Second Party and the Second Party shall be at liberty to reopen her case(s) decided by the Hon'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum." Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the report of the Mediation and Conciliation Centre of this Court as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, 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 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 FIR No./Case Crime No., quoted above, are hereby quashed qua the applicant(s) in terms of settlement agreement. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 8.1.2025 Mohit Singh/-