High Court
Case Details
Neutral Citation No. - 2024:AHC:121416 Court No. - 73 Case :- APPLICATION U/S 482 No. - 3334 of 2024 Applicant :- Siddhartha Mishra And 4 Others Opposite Party :- State Of Up 2 Others Counsel for Applicant :- Ram Awadh Mishra,Siddhartha Mishra,Sudhir Mehrotra Counsel for Opposite Party :- G.A.,Shailendra Kumar Tripathi Hon'ble Vikram D. Chauhan,J.
Legal Reasoning
1. Heard applicant in person Siddhartha Mishra, Sri Shailendra Kumar Tripathi, learned counsel for informant/opposite party no. 3 and learned AGA for the State. 2. This application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceedings of Case No. 176659 of 2023, State Versus Siddhartha Mishra and others, Case Crime No. 1383 of 2017, under sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kannauj, District Kannauj, pending in the court of Civil Judge (Junior Division)-I Kanpur Nagar. 3. It is submitted by learned counsel for the applicants that divorce petition has been allowed by mutual consent on 29.05.2024 and the proceedings under section 125 Cr.P.C. has also been withdrawn. 4. Learned counsel for the informant submits that insofar as the proceedings under the Domestic Violence Act is concerned the same was transferred to Kanpur Nagar, although, the informant has filed an application for withdrawal of the same, however, the file is not traceable and, therefore, the order could not have been passed. He submits that he would have no objection in the event the domestic violence proceedings are also kept in abeyance till his file is available and thereafter the informant will withdraw the domestic violence proceedings in view of the compromise entered between the parties. 5. On 21.03.2024, this Court passed the following order: "1. Heard Sri Sudhir Mehrotra, learned counsel for the applicants, Sri S.K. Tripathi, learned counsel for the opposite party no.2 and Sri Arimardan Yadav, learned A.G.A. for the State. 2. The present application U/s 482 Cr.P.C. has been filed by the applicants for quashing the entire criminal proceeding of Case No.176659 of 2023, State Vs. Siddhartha Mishra and others, arising out of Case Crime No.1383 of 2017, under Section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kannauj, District Kannauj pending in the court of Civil Judge (Junior Division)-1, Kanpur Nagar. 3. In the present case, the applicant no.1/husband and opposite party no.3/wife are present before this Court along with their respective counsels. The conciliation proceedings with the consent of the parties were initiated. During deliberation, it is found that the applicant no.1 and opposite party no.3 cannot join the marriage again on account of their personal differences. However, they are ready for divorce by mutual consent. 4. The divorce by mutual consent is being accepted by the parties on the following terms:- (a) It is agreed between the parties that the applicant no.1 will deposit a sum of Rs.10 lacs before the Registrar General of this Court within two months from today in two equal monthly installments of Rs.5 lacs each. The Registrar General shall keep the aforesaid amount in a fixed deposit bearing interest in a nationalized bank. (b) It is also agreed between the parties that the divorce petition by mutual consent would be filed before the court of competent jurisdiction within two months from today. In the event, the divorce petition by mutual consent is filed, a copy of the same shall be placed on record of this Court. The Court before whom the divorce petition is filed shall proceed with the case only after deposit of Rs.10 lacs as directed hereinabove. (c) It is also agreed between the parties that out of wedlock of applicant no.1 and opposite party no.3, one male child was born, namely, Akshat Mishra, who is aged about seven years. The applicant no.1 has agreed to take the responsibility of maintenance of the minor child subject to visiting rights to the applicant no.1 and his family members. The applicant no.1 has agreed to pay a sum of Rs.5,000/- per month to the minor child Akshat Mishra on or before 7th day of each succeeding month starting from 1st April, 2024 to be deposited in the account of the minor child as is opened by the opposite party no.3 (subject to escalation of 10% on every year starting from 1st January, 2025). The aforesaid amount is towards the maintenance of the minor child till he attains the majority. (d) The opposite party no.3 shall also deposit a sum of Rs.5,000/- per month in the account of the minor child Akshat Mishra starting from 1st April, 2024 (subject to escalation of 10% on every year starting from 1st January, 2025). This order for deposit by the wife is being made with the consent of opposite party no.3 on the ground that the opposite party no.3 is also working as a Teacher in a Secondary Education institution. (e) The applicant no.1 and his family members shall have visiting rights of the minor child Akshat Mishra on every second and fourth Sunday of every month in the presence of opposite party no.3. The applicant no.1 shall inform the opposite party no.3 at least 48 hours prior to the visit. The applicant no.1 and his family members is permitted to meet the minor child at the house of the opposite party no.3 or at any other public place in the city where the minor child resides as may be agreed between the parties. They have agreed to maintain peace and tranquility. (f) In the event of default in the payment of maintenance to the minor child by the applicant no.1, the same should be recoverable by the competent court. (g) It is also agreed that in the event of present compromise being successful, the parties intend to withdraw the case drawn against each other from the competent court or seeking quashing of those proceedings. (h) In view of the settlement between the parties, the parties have put signatures on the order sheet in the present of their counsels. (i) Let the parties proceed with the compromise and the applicant no.1 will deposit the amount within the aforesaid period. 5. List on 6th May, 2024 in top ten cases. 6. Since the conciliation proceedings are going on between the parties, the matter shall be treated as part heard to this Bench. 7. In view of the fact that the applicant no.1 is ready to deposit Rs.10 lacs, no coercive action shall be taken against the applicants in the aforesaid case, till the next date of listing." 6. Both the parties are ready to honour the compromise dated 21.03.2024. In view of the fact that both the parties are ready to honour the compromise recorded in the order dated 21.03.2024 the compromise as recorded in order dated 21.03.2024 is hereby made absolute. It is provided that the amount of Rs. 10 lakh deposited in pursuance to the compromise dated 21.03.2024 between the parties shall be released in favour of the wife/opposite party no. 3 alongwith interest by the Registrar General of this Court within a period of 15 days from the date of receipt of certified copy of this order as may have accrued in respect of the fixed deposit receipt. 7. In view of the compromise entered between the parties, the domestic violence proceedings in which withdrawal application has already been filed by the informant shall remain in abeyance except the order for withdrawal may be passed in accordance with law. 8. In view of the compromise between the parties, both the learned counsel for applicants and learned counsel for informant submit that criminal proceedings against the applicant may be quashed. 9. In view of the aforesaid, the entire proceedings of Case No. 176659 of 2023, State Versus Siddhartha Mishra and others, Case Crime No. 1383 of 2017, under sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kannauj, District Kannauj, pending in the court of Civil Judge (Junior Division)-I Kanpur Nagar, is hereby quashed. Parties shall adhere to the compromise recorded in the order dated 21.03.2024. 10. The application under section 482 Cr.P.C. is, accordingly, allowed. Order Date :- 29.7.2024 K.K. Maurya