Savita Vishwakarma v. Ravinder Vishwakarma) under Section
Case Details
Neutral Citation No. - 2024:AHC:126307 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl.No. 25) Court No. - 79 Case :- APPLICATION U/S 482 No. - 8193 of 2024 Applicant :- Ravindra Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Maurya Counsel for Opposite Party :- G.A.,Om Prakash Vishwakarma Hon'ble Anish Kumar Gupta,J.
Legal Reasoning
1. Heard Sri Sanjay Yadav, Advocate holding brief of Sri Vinod Kumar Maurya, learned counsel for the applicant and Sri O.P. Vishwakarma, learned counsel for the opposite party no. 2 and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the non-bailable warrant order dated 15.02.2024 in Complaint No. 1406 of 2022 (Savita Vishwakarma vs. Ravinder Vishwakarma) under Section 498A, 323 IPC and Section 4 of D.P. Act and stay the entire proceeding of Complaint case no. 82 of 2022 (Savita Vishwakarma vs. Ravinder Vishwakarma) under Section 498A, 323, 504, 506, 406 I.P.C. and Section 3/4 of D.P. Act, Police Station-Mungra Badshahpur, District-Jaunpur as well as quashing of the entire criminal proceedings of complaint case no. 82 of 2022. 3. Learned counsel for the applicant submits that vide order dated 22.3.2024, the matter was referred to the mediation centre and the mediation is successful between the parties and the following settlement has been arrived at between the parties:- "This SETTLEMENT AGREEMENT entered into on 19.07.2024, between Ravindar Vishwakarma(Applicant -Husband) and Smt. Savita Vishwakarma (O. P. No.2-Wife). WHEREAS- 1. Disputes and differences had arisen between the Parties hereto and Application U/s 482 No. 8193 of 2024 was filed before the Hon'ble High Court. 2. The matter was referred to mediation / conciliation vide order dated 22.03.2024 passed by bench of Hon'ble Sanjay Kumar Pachori,J. 3. The parties agreed that Ms. Shachi Srivastava and Mr. J. P. their Mediation Case No. Gupta and Advocates would act Conciliator/Mediator, in the 1685/2024. as 4. Several joint and separate meetings were held during the process of Conciliation/Mediation on 15-05-2024, 22-05- 2024, 29-05-2024, 04-06-2024, 10- 07-2024, 12-07-2024, and 19-07-2024 the parties have with the assistance of the Mediator/Conciliator voluntarily arrived at an amicable solution resolving the above-mentioned disputes and differences. 5. The marriage of Ravindar Vishwakarma(Applicant -Husband) and Smt. Savita Vishwakarma (O. P. No.2-Wife) was solemnized on 09.12.2020. Out of aforesaid wedlock, parties have no issue. The parties was living separately after six months of their marriage. 6. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this the in Agreement Settlement Mediators/Conciliators. the presence of 7. In view of the Interim Settlement dated 04.06.2024, the following settlement has been arrived at between the Parties hereto:- a. That the parties have already settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Jaunpur on 15.07.2024 and the same is registered as Marriage Petition No.769of 2024. Due to some unavoidable circumstances parties could not produce the certified copy of the aforesaid divorce petition and parties further undertake to produce the certified copy of the same at the time of hearing before the Hon'ble Court. b. That it has been agreed between the parties that the husband shall pay one time settlement amount of Rs.2,70,000/- (Rupees Two Lakh Seventy Thousand only) to the wife which includes permanent alimony and Stridhan by way of Demand Draft drawn in her favour. c. That as per Para 7 (c) of the Interim Settlement dated 04.06.2024, the husband had produced a demand draft of Rs.50,000/- (Rupees Fifty Thousand only) in favour of Smt. Savita (wife), which was kept on record and the same has been handed over today i.e. 19.07.2024 to the wife and she has acknowledged the receipt of the same. d. That on 12.07.2024, the husband had produced another demand draft of Rs.85,000/- (Rupees Eighty Five Thousand only) in favour of Smt. Savita (wife), which was kept on record and the same has been handed over today i.e. 19.07.2024 to the wife and she has acknowledged the receipt of the same. e. That it has been agreed between the parties that the remaining amount i.e. Rs.1,35,000/- (Rupees One Lakh Thirty Five Thousand Only) shall be paid by Ravindar Vishwakarma(Applicant -Husband) and Smt. Savita Vishwakarma (O. P. No.2-Wife) at the time of final judgment in Marriage Petition No. 769 of 2024 pending in Family Court, Jaunpur by way of demand draft. f. That it has been informed by both the parties that on 15.07.2024, both the parties have exchanged their belongings/articles/jewellery out side the court and acknowledged the receipt of the same. g. That it has been agreed between the parties that O.P. No.2 shall withdraw the following cases within two months from today;- i. Case No.2204/2024 (Savita vs. Ravindra) u/s 125 Cr.P.C. pending before Family Court, Jaunpur. ii. Case No.897/2023 (Savita vs. Ravindra) u/s 128 Cr.P.C. pending before Family Court, Jaunpur. h. That it has been agreed between the parties that apart from the cases mentioned above, all civil and criminal cases, if any, filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned within two months. i. That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also. j. That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse. 8.-By signing this Agreement the Parties hereto state that the Application U/s 482 No. 8193 of 2024 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation." 4. In view of the aforesaid settlement between the parties, which has already been acted upon by making the part payment in pursuance thereof. Since, it was a matrimonial dispute which has been settled between the parties, no fruitful purpose would be served by keeping the instant criminal proceedings pending against the applicant and due to the aforesaid settlement which has been arrived at before the mediation centre of this Court, peace will prevail between the parties." 5. Therefore, in view of the judgements of the Apex Court passed in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303, Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466, B.S.Joshi and Other vs. State of Haryana and Another : (2003)4 SCC 675 and Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641, the instant application is allowed and the entire proceedings of Complaint case no. 82 of 2022 (Savita Vishwakarma vs. Ravinder Vishwakarma) under Section 498A, 323, 504, 506, 406 I.P.C. and Section 3/4 of D.P. Act, Police Station-Mungra Badshahpur, District-Jaunpur and Complaint No. 1406 of 2022 (Savita Vishwakarma vs. Ravinder Vishwakarma) under Section 498A, 323 IPC and Section 4 of D.P. Act are hereby quashed. Order Date :- 5.8.2024 Kirti (Anish Kumar Gupta, J.)