Smt. Arti v. Ravindra Kumar and another), under Section
Legal Reasoning
HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl.No.4) Court No. - 79 Case :- APPLICATION U/S 482 No. - 7513 of 2024 Applicant :- Ravindra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ruchita Jain Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
Legal Reasoning
1. Heard Ms. Ruchita Jain, learned counsel for the applicants and Sri Brajesh Kumar Dwivedi, learned AGA for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 07.12.2023 as well as the entire proceeding of Complaint Case No. 1232 of 2023 (Smt. Arti vs. Ravindra Kumar and another), under Section 498-A, 323 IPC and Section 3/4 Dowry Prohibition Act, P.S. Jariya, District Hamripur, pending in the court of Judicial Magistrate, Rath, District Hamirpur. 3. Vide order dated 11.03.2024, matter was referred to the mediation centre of this Court. As per the report of the mediation centre, the mediation between the parties has become successful. Initially an interim settlement was arrived at between the parties on 30.06.2024. Subsequent thereto a final settlement has been arrived at on 25.08.2024 and during the pendency of mediation proceeding, the parties have already filed a petition for divorce by mutual consent under Section 13- B of the Hindu Marriage Act, in which the next date fixed is 21.01.2025 and out of the total settlement, an amount of Rs. 1,50,000/- has already been paid by the applicant herein to the opposite party no.2. The remaining amount of Rs. 1,50,000/- to be paid to the opposite party no.2 at the time of second motion or the final judgment in the application under Section 13-B of the Hindu Marriage Act filed by the parties. In terms of the aforesaid settlement dated 25.08.2024, the parties have agreed that all the litigations, if any, initiated against each other or their family members shall be withdrawn/set aside or got quashed in terms of settlement. In view of the aforesaid settlement, learned counsel for the applicants seeks quashing of the entire proceeding of the instant case. The settlement dated 25.08.2024 reads as under: "8. In view of the Interim Settlement dated 30.06.2024, the following settlement has been arrived at between the Parties hereto:- a. That in view of paragraph 7 (a) of the Interim Settlement dated 30.06.2024, the parties have mutually decided to live separately and dissolve their marriage and pursuant to the same they have filed a petition under Section 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Jhansi, which is registered as Case No. 889 of of 2024. Parties agree that they shall not resile from the settlement / divorce petition in any manner whatsoever and take it to its logical conclusion without causing unnecessary impediment. But the parties could not produce the certified copy of aforesaid divorce petition and they undertake to produce the certified copy of aforesaid divorce petition at the time of hearing before the Hon'ble High Court. b. That it has been agreed between the parties that in full and final settlement of all financial claims of the wife that may accrue against the husband or his family members, the wife-Smt. Arti shall be paid a permanent alimony including Stridhan to the tune of Rs.3,00,000/- (Rs.Three Lakh Only) by the husband-Ravindra Kumar. After receiving this amount the wife shall not stake any claim of any nature whatsoever in the property of the husband or her in-laws and she also agrees that she shall not claim any further financial assistance from the husband. The aforesaid amount shall be paid through the demand drafts drawn in her favour in installments. c. That on 30.06.2024, the Applicant no. 1-husband had produced a demand draft bearing no. 354959 dated 06.06.2024 drawn on Punjab National Bank for Rs.75,000/- (Rs. Seventy Five Thousand Only) issued in favour of Aarti (wife), which was kept on record and the same is being handed over to the O. P. No.2-wife/Smt. Arti today i.e. 25.08.2024 and she acknowledges the receipt of the same. d. That as agreed in paragraph 7 (d) of the interim settlement dated 30.06.2024, the Applicant No.1-husband has handed over another demand draft to the O. P. No.2-wife today ie. 25.04.2024, amounting to Rs.75,000/- (Rs. Seventy Five Thousand Only) d. d. bearing no. 354972 dated 13.08.2024 drawn on Punjab National Bank issued in favour of wife (Arti) and the wife has acknowledged the receipt of the same. e. That it has further been agreed between the parties that the remaining installment of aforesaid agreed permanent alimony i.e. Rs. 1,50,000/- (Rs. One Lakh Fifty Thousand Only) shall be paid by Ravindra Kumar (Applicant No.1-husband) to Smt. Arti (O. P. No.2-wife) at the time of second motion/final judgment in Case No. 889 of 2024 before the Family Court, Jhansi by way of demand draft of a nationalized bank drawn in favour of O. P. No.2-wife. f. That the parties agreed that all the litigation (if any) initiated by each other against them or their family members shall be withdrawn, set-aside or got quashed in terms of this settlement and they agree not to litigate with regard to the present matrimony in future in any manner whatsoever. g. That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement." 4. In view of the settlement, the parties have already filed an application under Section 13-B of the Hindu Marriage Act, which is pending disposal and the next date fixed as 21.01.2025 and the parties have agreed to withdraw/set aside or get quashed the all proceedings pending against each other. 5. In view thereof, the instant application under Section 482 Cr.P.C. is allowed in terms of the aforesaid settlement dated 25.08.2024 and the entire proceedings of Case No. 1232 of 2023 (Smt. Arti vs. Ravindra Kumar and another), under Section 498-A, 323 IPC and Section 3/4 Dowry Prohibition Act, P.S. Jariya, District Hamripur, are hereby quashed. 6. However, it is made clear that in case, if any condition of the settlement is violated by the parties, it is open for the aggrieved party to approach this Court for recall of the order. Order Date :- 13.9.2024 Ashish Pd. (Anish Kumar Gupta,J.)