Ekta Srivastava v. Utkarsh Srivastava & others

Heard learned counsel for the applicant, learned AGA for the State

1. of U.P. and gone through the record. The present application has been filed by the applicant for the

2. following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 11.1.2024 passed by the learned Chief Judicial Magistrate, Lucknow in Complaint Case No. 4085 of 2023 "Ekta Srivastava Versus Utkarsh Srivastava & others" Under section 406 IPC related with Police Station-SGPGI, District Lucknow, and also quash the entire criminal proceeding of the Complaint Case No. 4085 of 2023 "Ekta Srivastava Versus Utkarsh Srivastava & others" Under section 406 IPC related with Police Station SGPGI, District Lucknow" pending before the court of learned Chief Judicial Magistrate, Lucknow."

3. It appears that on the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 23.04.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties.

4. It also appears that in compliance of order of this Court dated 23.04.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 11.07.2025 and the same indicates that the parties have admitted that they have entered into an agreement voluntarily. Today, the applicant-Utkasrsh Srivastava and opposite party No.2- 5. Ekta Srivasatava, present before this court, have been identified by their respective counsel Shri Desh Ratan Mishra and Shri Indra Pratap Singh, respectively.

6. In terms of the settlement arrived at between the parties, two demand drafts, i.e. Demand Draft No.861310, dated 20.08.2025 amounting to Rs.1,32,000.00 (Rupees One Lakh and Thirty Two thousand 2 only) and Demand Draft No.861309 dated 20.08.2025, amounting to Rs.13, 36, 938.00 (Rupees Thirteen Lakh, Thirty Six Thousand, Nine Hundred and Thirty Eight only) have been handed over to the opposite party No.2- Ekta Srivastava. The applicant has also handed over the Gift Deed of House No.41, Unify Homes, Gram- Maghtai Bichpuri Road, Agra, as also the key of the said house to the opposite party No.2-Ekta Srivastava. The relevant contents of the SETTLEMENT AGREEMENT are

7. extracted hereunder:- "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Mr. Utkarsh Srivastava (husband-First Party) and Mrs. Ekta Srivastava (wife-Second Party) have mutually agreed to live separately and dissolve their marriage. Both the parties have already filed a joint petition for divorce U/S 13-B Hindu Marriage Act, 1955 before Family Court, Lucknow on 09.07.2025. Both the parties have agreed to abide by the conditions mentioned Under Section 13B H.M.Act Petition. B. That both the parties have agreed to appear before the concerned Family Court on the date(s) fixed and to make their earnest efforts to obtain a decree of divorce in terms of this settlement agreement at the earliest. C. That the First Party/husband has agreed to pay and the Second Party/wife has agreed to receive a total sum of Rs.35,00,000/-(Rupees Thirty Five Lakhs only) towards one time full and final settlement of all the claims of Second Party against the First Party including the claim for permanent alimony and child welfare, education, etc. D. That the parties have agreed that the aforesaid amount of Rs.35,00,000/-(Rupees Thirty Five Lakhs only) shall be paid by the First Party to the Second Party in the following manner: I. First installment of Rs. 12,00,000/- (Rupees Twelve Lakhs only) has been paid by the First Party to the Second Party on 09.07.2025 via Demand Draft No.740928 dated 05.07.2025 before Family Court, Lucknow at the time of first motion. II. An amount of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousands Only) has been paid through Sukanya Samridhi Yojna Account in the name of Avika Srivastava (minor). The guardianship of this account has been transferred to the second party on 06.05.2025. III. The final installment of Rs.18,50,000/- (Rupees Eighteen Lakhs Fifty Thousands Only) shall be paid on the date of second motion of joint petition for divorce U/S 13-B Hindu Marriage Act, 1955 pending before Family Court, Lucknow. E. That the both the parties agree that Property bearing number 41, Unify Homes gram Maghtai Bichpuri Road, Agra, jointly owned by Ekta 3 Srivastava and Neelima Srivastava (Mother of Petitioner). Smt. Neelima Srivastava has gifted her share in the said property in favour of Ekta Srivastava by virtue of a gift deed dated 24.06.2025. After the execution the gift deed Ekta Srivastava became the sole owner of the Property bearing number 41, Unify Homes gram Maghtai Bichpuri Road, Agra. The Original gift deed dated 24.06.2025 will be handed over by the Petitioner No.3 to Ekta Srivastava on or before withdraw of the cases pending before the Hon'ble High Court. F. That Utkarsh Srivastava will encash the FDR No.50300691276995 for Rs. 12,87,137.60 with HDFC Bank Ltd. Udyog Vihar Branch Gurgram in the name of Utkarsh Srivastava and will handover the amount received from the bank to Ekta Srivastava via Demand Draft on or before withdraw of the cases pending before the Hon'ble High Court. Further apart from the amount of the said FDR, Utkarsh Srivastava will also pay a sum of Rs.1,32,000/- (Rupees One Lakh Twenty Five Thousand only) to Ekta Srivastava on the said date. G. That the parties have agreed that their daughter Ms. Avika shall remain in the custody of the Second Party and the First Party shall be allowed one visit of Ms. Avika every month and he shall not be restricted for phone calls and video calls. H. That the Second Party has agreed that she will not have any objection if the Hon'ble High Court decides the the APPLICATION U/s 482 No.3691 of 2024 (Utkarsh Srivastava and Others Vs State of U.P. & Another) arising out of Complaint Case 4085 of 2023 (Ekta Srivastava Versus Utkarsh Srivastava and Others) in terms of this settlement agreement. I. That the parties have agreed to withdraw/not to pursue the cases filed against each others and against their family members and get the same decided in terms of this settlement agreement. The details of the cases are mentioned hereunder: I. Case No.26 of 2023 (Ekta Srivastava Vs Utkarsh Srivastava) U/s 125 Cr.P.C. pending before Principal Judge, Family Court, Gautambuddh Nagar. II. Case no.328 of 2023 (Utkarsh Srivastava Vs Ekta Srivastava) U/s 25 of Guardians and Wards Act pending before Family Court, Lucknow, III. Case No.444 of 2022 (Utkarsh Srivastava Vs Ekta Srivastava) U/s 13A H.M.Act pending before Family Court, Gautambuddh Nagar. IV. Case No.444 of 2022 (Ekta Srivastava Vs Utkarsh Srivastava) U/s 24 of Maintenance Act pending before Family Court, Gautambuddh Nagar J. That the parties have agreed that apart from above mentioned cases, if any other case(s) is/are pending between the parties, both the parties shall not have any objection if the case(s) is/are disposed of by the Hon'ble Court in terms of this Settlement Agreement. K. 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. 4 L. 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 all the 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 all the 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.

7. By Signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to the matter involved in APPLICATION U/s 482 No.3691 of 2024 (Utkarsh Srivastava Vs State of U.P. & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

8. 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 5 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 9. entire proceedings of Complaint Case No. 4085 of 2023 (Ekta Srivastava Versus Utkarsh Srivastava & others), Under section 406 IPC, related to Police Station -SGPGI, District - Lucknow, pending before the Court of Chief Judicial Magistrate, Lucknow, quoted above, are hereby quashed qua the applicant.

10. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 20.8.2025 ML/-

Heard learned counsel for the applicant, learned AGA for the State

1. of U.P. and gone through the record. The present application has been filed by the applicant for the

2. following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 11.1.2024 passed by the learned Chief Judicial Magistrate, Lucknow in Complaint Case No. 4085 of 2023 "Ekta Srivastava Versus Utkarsh Srivastava & others" Under section 406 IPC related with Police Station-SGPGI, District Lucknow, and also quash the entire criminal proceeding of the Complaint Case No. 4085 of 2023 "Ekta Srivastava Versus Utkarsh Srivastava & others" Under section 406 IPC related with Police Station SGPGI, District Lucknow" pending before the court of learned Chief Judicial Magistrate, Lucknow."

3. It appears that on the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 23.04.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties.

4. It also appears that in compliance of order of this Court dated 23.04.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 11.07.2025 and the same indicates that the parties have admitted that they have entered into an agreement voluntarily. Today, the applicant-Utkasrsh Srivastava and opposite party No.2- 5. Ekta Srivasatava, present before this court, have been identified by their respective counsel Shri Desh Ratan Mishra and Shri Indra Pratap Singh, respectively.

6. In terms of the settlement arrived at between the parties, two demand drafts, i.e. Demand Draft No.861310, dated 20.08.2025 amounting to Rs.1,32,000.00 (Rupees One Lakh and Thirty Two thousand 2 only) and Demand Draft No.861309 dated 20.08.2025, amounting to Rs.13, 36, 938.00 (Rupees Thirteen Lakh, Thirty Six Thousand, Nine Hundred and Thirty Eight only) have been handed over to the opposite party No.2- Ekta Srivastava. The applicant has also handed over the Gift Deed of House No.41, Unify Homes, Gram- Maghtai Bichpuri Road, Agra, as also the key of the said house to the opposite party No.2-Ekta Srivastava. The relevant contents of the SETTLEMENT AGREEMENT are

7. extracted hereunder:- "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Mr. Utkarsh Srivastava (husband-First Party) and Mrs. Ekta Srivastava (wife-Second Party) have mutually agreed to live separately and dissolve their marriage. Both the parties have already filed a joint petition for divorce U/S 13-B Hindu Marriage Act, 1955 before Family Court, Lucknow on 09.07.2025. Both the parties have agreed to abide by the conditions mentioned Under Section 13B H.M.Act Petition. B. That both the parties have agreed to appear before the concerned Family Court on the date(s) fixed and to make their earnest efforts to obtain a decree of divorce in terms of this settlement agreement at the earliest. C. That the First Party/husband has agreed to pay and the Second Party/wife has agreed to receive a total sum of Rs.35,00,000/-(Rupees Thirty Five Lakhs only) towards one time full and final settlement of all the claims of Second Party against the First Party including the claim for permanent alimony and child welfare, education, etc. D. That the parties have agreed that the aforesaid amount of Rs.35,00,000/-(Rupees Thirty Five Lakhs only) shall be paid by the First Party to the Second Party in the following manner: I. First installment of Rs. 12,00,000/- (Rupees Twelve Lakhs only) has been paid by the First Party to the Second Party on 09.07.2025 via Demand Draft No.740928 dated 05.07.2025 before Family Court, Lucknow at the time of first motion. II. An amount of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousands Only) has been paid through Sukanya Samridhi Yojna Account in the name of Avika Srivastava (minor). The guardianship of this account has been transferred to the second party on 06.05.2025. III. The final installment of Rs.18,50,000/- (Rupees Eighteen Lakhs Fifty Thousands Only) shall be paid on the date of second motion of joint petition for divorce U/S 13-B Hindu Marriage Act, 1955 pending before Family Court, Lucknow. E. That the both the parties agree that Property bearing number 41, Unify Homes gram Maghtai Bichpuri Road, Agra, jointly owned by Ekta 3 Srivastava and Neelima Srivastava (Mother of Petitioner). Smt. Neelima Srivastava has gifted her share in the said property in favour of Ekta Srivastava by virtue of a gift deed dated 24.06.2025. After the execution the gift deed Ekta Srivastava became the sole owner of the Property bearing number 41, Unify Homes gram Maghtai Bichpuri Road, Agra. The Original gift deed dated 24.06.2025 will be handed over by the Petitioner No.3 to Ekta Srivastava on or before withdraw of the cases pending before the Hon'ble High Court. F. That Utkarsh Srivastava will encash the FDR No.50300691276995 for Rs. 12,87,137.60 with HDFC Bank Ltd. Udyog Vihar Branch Gurgram in the name of Utkarsh Srivastava and will handover the amount received from the bank to Ekta Srivastava via Demand Draft on or before withdraw of the cases pending before the Hon'ble High Court. Further apart from the amount of the said FDR, Utkarsh Srivastava will also pay a sum of Rs.1,32,000/- (Rupees One Lakh Twenty Five Thousand only) to Ekta Srivastava on the said date. G. That the parties have agreed that their daughter Ms. Avika shall remain in the custody of the Second Party and the First Party shall be allowed one visit of Ms. Avika every month and he shall not be restricted for phone calls and video calls. H. That the Second Party has agreed that she will not have any objection if the Hon'ble High Court decides the the APPLICATION U/s 482 No.3691 of 2024 (Utkarsh Srivastava and Others Vs State of U.P. & Another) arising out of Complaint Case 4085 of 2023 (Ekta Srivastava Versus Utkarsh Srivastava and Others) in terms of this settlement agreement. I. That the parties have agreed to withdraw/not to pursue the cases filed against each others and against their family members and get the same decided in terms of this settlement agreement. The details of the cases are mentioned hereunder: I. Case No.26 of 2023 (Ekta Srivastava Vs Utkarsh Srivastava) U/s 125 Cr.P.C. pending before Principal Judge, Family Court, Gautambuddh Nagar. II. Case no.328 of 2023 (Utkarsh Srivastava Vs Ekta Srivastava) U/s 25 of Guardians and Wards Act pending before Family Court, Lucknow, III. Case No.444 of 2022 (Utkarsh Srivastava Vs Ekta Srivastava) U/s 13A H.M.Act pending before Family Court, Gautambuddh Nagar. IV. Case No.444 of 2022 (Ekta Srivastava Vs Utkarsh Srivastava) U/s 24 of Maintenance Act pending before Family Court, Gautambuddh Nagar J. That the parties have agreed that apart from above mentioned cases, if any other case(s) is/are pending between the parties, both the parties shall not have any objection if the case(s) is/are disposed of by the Hon'ble Court in terms of this Settlement Agreement. K. 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. 4 L. 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 all the 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 all the 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.

7. By Signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to the matter involved in APPLICATION U/s 482 No.3691 of 2024 (Utkarsh Srivastava Vs State of U.P. & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

8. 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 5 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 9. entire proceedings of Complaint Case No. 4085 of 2023 (Ekta Srivastava Versus Utkarsh Srivastava & others), Under section 406 IPC, related to Police Station -SGPGI, District - Lucknow, pending before the Court of Chief Judicial Magistrate, Lucknow, quoted above, are hereby quashed qua the applicant.

10. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 20.8.2025 ML/-