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Considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute (matrimonial dispute) between the parties and the offence against the applicants, this Court vide order dated 20.08.2024 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 20.08.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 16.01.2025 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 16.01.2025 is extracted herein-under: "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Varun Kumar Chaulan (husband)- First Party and Smt. Sonali Singh (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 Matrimonial Case No. 47 of 2025 U/S 13-B Hindu Marriage Act. 1955 before the Principal Judge, Family Court, Unnao.. 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 had agreed that the First Party/husband would pay a sum of Rs.16,00,000/-(Rupees Sixteen Lakhs only) to the Second Party/wife towards one time full and final settlement of all the claims of the Second Party against the First Party including the claim for temporary/permanent alimony. Accordingly the First Party has already handed over a Demand Draft NO.712489 dated 18.10.2024 amounting to Rs.8,00,000/-(Rupees Eight Lakhs only) to the Second Party on 23.10.2024 and receipt of the same is acknowledged by the Second Party C. That the First Party has handed over a Demand Draft No.250481 dated 19.12.2024 amounting to Rs.8,00,000/-(Rupees Eight Lakhs only) to the Second Party today ie 16.01.2025 towards payment of balance amount of Rs.8,00,000/-(Rupees Eight Lakhs only). The Second Party acknowledges receipt of the said Demand Draft. D. That the Second Party has agreed that she will not have any objection if the Hon'ble High Court allows the APPLICATION U/s 482 No.7217 of 2024 (Varun Kumar Chauhan & Others Vs State of U.P. & Another) and quashes the proceedings of Case No.932 of 2024 arising out of Case Crime No.0017 of 2024 U/Ss 498A, 323, 354 I.P.C. and Section 3/4 D. P. Act, P. S. Mahila Thana, District Unnao pending before Civil Judge (Junior Division)/F.T.C. Unnao in terms of this settlement agreement. E. That the parties have agreed to withdraw/not to pursue the cases filed against each others. The details of the cases are mentioned hereunder: (1) Case No. 932 of 2024 arising out of Case Crime No.0017 of 2024 U/Ss 4984, 323, 354 L.P.CO und Section 3/4 D. P Act, P. S. Mahila Thana. District Unnao pending before Civil Judge (Junior Division)/FT.C. Unnao (ii) Case No.648 of 2024 US 125 CrPC pending before Principal Judge-II. Family Couri, Unnao (iii) Case No. 1810 of 2024 U/Ss 190 (10) (C) R/W Section 200 CPC pouling before ACJM, Gautam Buddh Nagar (iv) Case No. 78 of 2024 U/S 13(1) and 14 of Hindu Marriage Act, pending before Principal Judge Family Court, Gautam Buddh Nagar F. 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. G. 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. H. 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 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 No. 0017/2024, quoted above, are hereby quashed qua the applicants. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 14.2.2025 Mohit Singh/-
Considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute (matrimonial dispute) between the parties and the offence against the applicants, this Court vide order dated 20.08.2024 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 20.08.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 16.01.2025 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 16.01.2025 is extracted herein-under: "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Varun Kumar Chaulan (husband)- First Party and Smt. Sonali Singh (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 Matrimonial Case No. 47 of 2025 U/S 13-B Hindu Marriage Act. 1955 before the Principal Judge, Family Court, Unnao.. 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 had agreed that the First Party/husband would pay a sum of Rs.16,00,000/-(Rupees Sixteen Lakhs only) to the Second Party/wife towards one time full and final settlement of all the claims of the Second Party against the First Party including the claim for temporary/permanent alimony. Accordingly the First Party has already handed over a Demand Draft NO.712489 dated 18.10.2024 amounting to Rs.8,00,000/-(Rupees Eight Lakhs only) to the Second Party on 23.10.2024 and receipt of the same is acknowledged by the Second Party C. That the First Party has handed over a Demand Draft No.250481 dated 19.12.2024 amounting to Rs.8,00,000/-(Rupees Eight Lakhs only) to the Second Party today ie 16.01.2025 towards payment of balance amount of Rs.8,00,000/-(Rupees Eight Lakhs only). The Second Party acknowledges receipt of the said Demand Draft. D. That the Second Party has agreed that she will not have any objection if the Hon'ble High Court allows the APPLICATION U/s 482 No.7217 of 2024 (Varun Kumar Chauhan & Others Vs State of U.P. & Another) and quashes the proceedings of Case No.932 of 2024 arising out of Case Crime No.0017 of 2024 U/Ss 498A, 323, 354 I.P.C. and Section 3/4 D. P. Act, P. S. Mahila Thana, District Unnao pending before Civil Judge (Junior Division)/F.T.C. Unnao in terms of this settlement agreement. E. That the parties have agreed to withdraw/not to pursue the cases filed against each others. The details of the cases are mentioned hereunder: (1) Case No. 932 of 2024 arising out of Case Crime No.0017 of 2024 U/Ss 4984, 323, 354 L.P.CO und Section 3/4 D. P Act, P. S. Mahila Thana. District Unnao pending before Civil Judge (Junior Division)/FT.C. Unnao (ii) Case No.648 of 2024 US 125 CrPC pending before Principal Judge-II. Family Couri, Unnao (iii) Case No. 1810 of 2024 U/Ss 190 (10) (C) R/W Section 200 CPC pouling before ACJM, Gautam Buddh Nagar (iv) Case No. 78 of 2024 U/S 13(1) and 14 of Hindu Marriage Act, pending before Principal Judge Family Court, Gautam Buddh Nagar F. 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. G. 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. H. 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 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 No. 0017/2024, quoted above, are hereby quashed qua the applicants. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 14.2.2025 Mohit Singh/-