High Court

"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the entire proceeding of Criminal Case no. 14895/2024 pending in the court of IInd Additional Chief Judicial Magistrate, Court no. 12, Raebareli, arising out of case crime no.169/2024, Under sections 498-A, 323,504,506, I.P.C. and section 3/4 Dowry Prohibition Act at P.S. Gurbuxganj, District Raebareli and chargesheet dated 03.09.2024 as well as summoning order dated 03.04.2024, in the interest of justice."

3. Indisputably, the dispute between the parties is matrimonial in nature as an FIR registered as FIR No.0169 of 2024, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act was lodged by opposite party no.3. The matter has been settled, as appears from Annexure -D to the report of Mediation & Conciliation Centre of this Court in Form 5. Relevant para no.6 of the settlement between the parties reads as under :- "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Himanshu Vishwakarma @ Saurabh (husband-First Party) and Laxmi Devi (wife-Second Party) have mutually agreed to live separately and dissolve their marriage. Both the parties have agreed to file a joint petition for divorce U/S 13-B Hindu Marriage Act, 1955 before Family Court, Raebareli on or before 20 December, 2024. B. That both the parties have agreed to appear before the concerned Family Court on the date(s) fixed and would 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. 7,50,000/- (Rupees Seven Lacs Fifty Thousand 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. D. That both the parties have agreed that the aforesaid amount of Rs.7,50,000/- (Rupees Seven Lacs Fifty Thousand only) would be paid to the Second Party/wife in two equal installments through Demand Draft drawn in favour of Laxmi Devi. The first installment of Rs. 3,75,000/-(Rupees Three Lacs Seventy Five Thousand only) would be paid by the First Party/husband to the Second Party/wife on the date of entering in settlement agreement before Mediation and Conciliation Centre, Allahabad High Court, Lucknow. The second installment of Rs. 3,75,000/-(Rupees Three Lacs Seventy Five Thousand only) shall be paid by the First Party/husband to the Second Party/wife at the time of second motion in the joint petition filed Under Section 13-B, Hindu Marriage Act, 1955 before Family Court, Raebareli. E. That the First Party has handed a Demand Draft No. 730485 dated 02.12.2024 amounting to Rs. 3,75,000/- (Rupees Three Lacs Seventy Five Thousand only) drawn on Bank of Baroda, Rajajipuram, Lucknow in favour of Laxmi Devi to the Second Party today ie. 05.12.2024 towards first installment in the Mediation and Conciliation Centre, Allahabad High Court, Lucknow. F. That the parties have agreed to withdraw not pursue the cases filed by them against each other and their family members and they shall have no objection if the Hon'ble Court decides the cases in terms of this settlement agreement. The details of the cases are as under: (1) Criminal Case No. 14893 of 2024 arising out of Case Crime No.169 of 2024 US 4984, 323, 504, 506 LPC and Section 3/4 D. P. Act, Police Station-Gurbuxgary, Dotrict- Raebareli. (2) R.S. No. 369 of 2024 (Himanshu Vishwakarma VeLaxmi Devo filed US 9 of Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Raebareli. (3) Complaint Case No.3354 of 2024 (Himanshu Vishwakarma Vs. Laxmi Devi & Others) pending in the Court of Ird Additional Civil Judge, Raebareli. G. That the Second Party has agreed that she will not have any objection if the APPLICATION U/s 482 No 8450 of 2024 (Vinod Kumar Viswakarma Others Vs State of UP & Others) is decided and the proceeding of Criminal Case No. 14895 of 2024 arising out of Case Crime No. 169 of 2024 U/Ss 498A, 323, 504, 506 LPC and Section 3/4 D. P Act, Police Station- Gurbuxganj, District-Raebareli are quashed by the Hon'ble Court in terms of this settlement agreement. H. That the parties have agreed that in addition to the abovementioned cases, if any other case is pending between the parties and/or any of their family members, it shall also be disposed off in terms of this settlement agreement and both the parties agree to co- operate to end all the litigation between the parties and their family members. I. 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. J. That both the parties agree that they shall be bound by the terms and conditions of this Settlement in strict sense. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings and in disposal of pending cases filed by her against the First Party and his family members, she will return to the First Party the entire amount received by her from the First Party along with interest @ 9% pa. with effect from the date of receipt of the amount/installment from the First Party and till the date of its actual payment to the First Party. K. That the First Party has agreed 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 to the First Party and the Second Party will be at liberty to reopen all her cases 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.8450 of 2024 (Vinod Kumar Viswakarma Others Vs State of U. P. & Others) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

3. It is stated that in view of the settlement arrived at between the parties, the present proceedings are liable to be quashed.

4. 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 in view of the settlement and the observations made hereinabove. Consequently, the entire proceedings of FIR No.0169/2024 (Supra), indicated in the prayer, quoted above, are hereby quashed in view of settlement.

5. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 30.1.2025 Anand/-

"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the entire proceeding of Criminal Case no. 14895/2024 pending in the court of IInd Additional Chief Judicial Magistrate, Court no. 12, Raebareli, arising out of case crime no.169/2024, Under sections 498-A, 323,504,506, I.P.C. and section 3/4 Dowry Prohibition Act at P.S. Gurbuxganj, District Raebareli and chargesheet dated 03.09.2024 as well as summoning order dated 03.04.2024, in the interest of justice."

3. Indisputably, the dispute between the parties is matrimonial in nature as an FIR registered as FIR No.0169 of 2024, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act was lodged by opposite party no.3. The matter has been settled, as appears from Annexure -D to the report of Mediation & Conciliation Centre of this Court in Form 5. Relevant para no.6 of the settlement between the parties reads as under :- "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Himanshu Vishwakarma @ Saurabh (husband-First Party) and Laxmi Devi (wife-Second Party) have mutually agreed to live separately and dissolve their marriage. Both the parties have agreed to file a joint petition for divorce U/S 13-B Hindu Marriage Act, 1955 before Family Court, Raebareli on or before 20 December, 2024. B. That both the parties have agreed to appear before the concerned Family Court on the date(s) fixed and would 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. 7,50,000/- (Rupees Seven Lacs Fifty Thousand 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. D. That both the parties have agreed that the aforesaid amount of Rs.7,50,000/- (Rupees Seven Lacs Fifty Thousand only) would be paid to the Second Party/wife in two equal installments through Demand Draft drawn in favour of Laxmi Devi. The first installment of Rs. 3,75,000/-(Rupees Three Lacs Seventy Five Thousand only) would be paid by the First Party/husband to the Second Party/wife on the date of entering in settlement agreement before Mediation and Conciliation Centre, Allahabad High Court, Lucknow. The second installment of Rs. 3,75,000/-(Rupees Three Lacs Seventy Five Thousand only) shall be paid by the First Party/husband to the Second Party/wife at the time of second motion in the joint petition filed Under Section 13-B, Hindu Marriage Act, 1955 before Family Court, Raebareli. E. That the First Party has handed a Demand Draft No. 730485 dated 02.12.2024 amounting to Rs. 3,75,000/- (Rupees Three Lacs Seventy Five Thousand only) drawn on Bank of Baroda, Rajajipuram, Lucknow in favour of Laxmi Devi to the Second Party today ie. 05.12.2024 towards first installment in the Mediation and Conciliation Centre, Allahabad High Court, Lucknow. F. That the parties have agreed to withdraw not pursue the cases filed by them against each other and their family members and they shall have no objection if the Hon'ble Court decides the cases in terms of this settlement agreement. The details of the cases are as under: (1) Criminal Case No. 14893 of 2024 arising out of Case Crime No.169 of 2024 US 4984, 323, 504, 506 LPC and Section 3/4 D. P. Act, Police Station-Gurbuxgary, Dotrict- Raebareli. (2) R.S. No. 369 of 2024 (Himanshu Vishwakarma VeLaxmi Devo filed US 9 of Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Raebareli. (3) Complaint Case No.3354 of 2024 (Himanshu Vishwakarma Vs. Laxmi Devi & Others) pending in the Court of Ird Additional Civil Judge, Raebareli. G. That the Second Party has agreed that she will not have any objection if the APPLICATION U/s 482 No 8450 of 2024 (Vinod Kumar Viswakarma Others Vs State of UP & Others) is decided and the proceeding of Criminal Case No. 14895 of 2024 arising out of Case Crime No. 169 of 2024 U/Ss 498A, 323, 504, 506 LPC and Section 3/4 D. P Act, Police Station- Gurbuxganj, District-Raebareli are quashed by the Hon'ble Court in terms of this settlement agreement. H. That the parties have agreed that in addition to the abovementioned cases, if any other case is pending between the parties and/or any of their family members, it shall also be disposed off in terms of this settlement agreement and both the parties agree to co- operate to end all the litigation between the parties and their family members. I. 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. J. That both the parties agree that they shall be bound by the terms and conditions of this Settlement in strict sense. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings and in disposal of pending cases filed by her against the First Party and his family members, she will return to the First Party the entire amount received by her from the First Party along with interest @ 9% pa. with effect from the date of receipt of the amount/installment from the First Party and till the date of its actual payment to the First Party. K. That the First Party has agreed 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 to the First Party and the Second Party will be at liberty to reopen all her cases 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.8450 of 2024 (Vinod Kumar Viswakarma Others Vs State of U. P. & Others) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

3. It is stated that in view of the settlement arrived at between the parties, the present proceedings are liable to be quashed.

4. 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 in view of the settlement and the observations made hereinabove. Consequently, the entire proceedings of FIR No.0169/2024 (Supra), indicated in the prayer, quoted above, are hereby quashed in view of settlement.

5. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 30.1.2025 Anand/-