State of U.P v. Rajiv Mittal under Section

learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record.

2. This application under Section 482 Cr.P.C. now Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):- "For the facts, reasons and circumstances stated in the accompanying Petition duly supported by an Affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be please to quash the impugned summoning Order dated 12/07/2018 and N.B.W. order dated 06/08/2024, passed by Additional Chief Judicial Magistrate-III, Lucknow and Charge Sheet No. 01 dated 03/08/2017 in Case No. 45024 of 2018 (FIR No. 0255 of 2017), State of U.P. Vs. Rajiv Mittal under Section 498A, 323, 504, 506 I.P.C. and U/s 3 & 4 of D.P. Act, Police Station interest of justice. Chinhat, District Lucknow in the interest of justice. It is further prayed that this Hon'ble Court kindly be pleased to stay the impugned summoning Order dated 12/07/2018 and N.B.W. order dated 06/08/2024, passed by Additional Chief Judicial Magistrate-III, Lucknow and Charge Sheet No. 01 dated 03/08/2017 in Case No. 45024 of 2018 (FIR No. 0255 of 2017), State of U.P. Vs. Rajiv Mittal under Section 498A, 323, 504, 506 I.P.C. and U/s 3 & 4 of D.P. Act, Police Station justice. Chinhat, District Lucknow in the interest of justice."

3. Indisputably, the dispute between the parties is matrimonial in nature as an FIR registered as FIR No.0255 of 2017, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act was lodged by opposite party no.2. The matter has been settled, as appears from Annexure -D to the report of Mediation & Conciliation Centre of this Court in Form 5. The settlement between the parties reads as under :- "This SETTLEMENT AGREEMENT entered into on 12.11.2024, between Rajiv Mittal NO Late Jagneshwar Prasad Mittal R/O House No 13, Kailash Vihar, Kamta, Chinhat. Lucknow [First Party] and Sangita Mittal W/O Rajiv Mittal R/O House No. 13. Kailash Vihar, Kamia, Chihat, Lucknow [Second Party] WHERE AS

1. Disputes and differences had arisen between the Parties here to and APPLICATION Ux 482 No. 9167 of 2024 (Rajiv Mittal Vs State of UP & Another) was filed in the High Court of Judicature at Allahabad, Lucknow.

2. The matter was referred to Mediation/Conciliation vide an order dated 24.10.2024 разsed by Hon'ble Mr. Justice Rajeev Singh

3. The parties agreed that Ms. Ruhi Siddiqui, Advocate and Mr. Rajesh Kumar Verma, Advocate would act as their Mediators/Conciliators.

4. Several sittings were held during the process of Conciliation/Mediation and the parties, with the assistance of the Mediators/ Conciliators, voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.

5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediators/ Conciliators.

6. The following settlement has been arrived at between the Parties hereto: A) That the parties decided to live together and they are living together since October, 2017 alongwith their son happily and peacefully. B) That the parties have agreed to perform their matrimonial obligations with utmost respect, love and affection towards each other. C) That both the parties have agreed to discharge their matrimonial obligations/duties without any kind of misbehaviour or harassment of each other and each others family members. D) That the parties have agreed that they shall be allowed to visit their parents with mutual consent and understanding. The family members of respective parties can also visit house of both the parties. The parties have also agreed that no family member of either of the parties will interfere in their peaceful living. E) That both the parties have agreed not to indulge in cruelty, mental or physical against each other and to discharge their matrimonial obligations/duties towards each other and they will take good care of each other. F) That the parties have agreed to take good care of their son with regard to maintenance, education, daily needs and all other responsibilities. G) That the parties have agreed that the husband shall bear all the financial responsibilities of their son and wife. H) That the parties have agreed that they shall not have any objection if the APPLICATION U/s 482 No.9167 of 2024 (Rajiv Mittal Vs. State of U.P. & Another) is decided and the proceedings of Case No. 45024 of 2018 arising out of F.I.R. No.0255 of 2017 (State of U. P. Vs. Rajiv Mittal) U/S 498A, 323, 504, 506 LP.C. and Section 3/4 D. P. Act P. S. Chinhat, passed by ACJM-III, Lucknow is quashed in terms of this Settlement Agreement. I) The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. J) 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 present dispute. K) That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court.

7. By signing this Agreement the Parties hereto state that they have no claims or demands against each other with respect to APPLICATION U/s 482 No.9167 of 2024 (Rajiv Mittal 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."

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

5. 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.0255/2017 (Supra), indicated in the prayer, quoted above, are hereby quashed in view of settlement.

6. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 17.1.2025 Anand/-

learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record.

2. This application under Section 482 Cr.P.C. now Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):- "For the facts, reasons and circumstances stated in the accompanying Petition duly supported by an Affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be please to quash the impugned summoning Order dated 12/07/2018 and N.B.W. order dated 06/08/2024, passed by Additional Chief Judicial Magistrate-III, Lucknow and Charge Sheet No. 01 dated 03/08/2017 in Case No. 45024 of 2018 (FIR No. 0255 of 2017), State of U.P. Vs. Rajiv Mittal under Section 498A, 323, 504, 506 I.P.C. and U/s 3 & 4 of D.P. Act, Police Station interest of justice. Chinhat, District Lucknow in the interest of justice. It is further prayed that this Hon'ble Court kindly be pleased to stay the impugned summoning Order dated 12/07/2018 and N.B.W. order dated 06/08/2024, passed by Additional Chief Judicial Magistrate-III, Lucknow and Charge Sheet No. 01 dated 03/08/2017 in Case No. 45024 of 2018 (FIR No. 0255 of 2017), State of U.P. Vs. Rajiv Mittal under Section 498A, 323, 504, 506 I.P.C. and U/s 3 & 4 of D.P. Act, Police Station justice. Chinhat, District Lucknow in the interest of justice."

3. Indisputably, the dispute between the parties is matrimonial in nature as an FIR registered as FIR No.0255 of 2017, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act was lodged by opposite party no.2. The matter has been settled, as appears from Annexure -D to the report of Mediation & Conciliation Centre of this Court in Form 5. The settlement between the parties reads as under :- "This SETTLEMENT AGREEMENT entered into on 12.11.2024, between Rajiv Mittal NO Late Jagneshwar Prasad Mittal R/O House No 13, Kailash Vihar, Kamta, Chinhat. Lucknow [First Party] and Sangita Mittal W/O Rajiv Mittal R/O House No. 13. Kailash Vihar, Kamia, Chihat, Lucknow [Second Party] WHERE AS

1. Disputes and differences had arisen between the Parties here to and APPLICATION Ux 482 No. 9167 of 2024 (Rajiv Mittal Vs State of UP & Another) was filed in the High Court of Judicature at Allahabad, Lucknow.

2. The matter was referred to Mediation/Conciliation vide an order dated 24.10.2024 разsed by Hon'ble Mr. Justice Rajeev Singh

3. The parties agreed that Ms. Ruhi Siddiqui, Advocate and Mr. Rajesh Kumar Verma, Advocate would act as their Mediators/Conciliators.

4. Several sittings were held during the process of Conciliation/Mediation and the parties, with the assistance of the Mediators/ Conciliators, voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.

5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediators/ Conciliators.

6. The following settlement has been arrived at between the Parties hereto: A) That the parties decided to live together and they are living together since October, 2017 alongwith their son happily and peacefully. B) That the parties have agreed to perform their matrimonial obligations with utmost respect, love and affection towards each other. C) That both the parties have agreed to discharge their matrimonial obligations/duties without any kind of misbehaviour or harassment of each other and each others family members. D) That the parties have agreed that they shall be allowed to visit their parents with mutual consent and understanding. The family members of respective parties can also visit house of both the parties. The parties have also agreed that no family member of either of the parties will interfere in their peaceful living. E) That both the parties have agreed not to indulge in cruelty, mental or physical against each other and to discharge their matrimonial obligations/duties towards each other and they will take good care of each other. F) That the parties have agreed to take good care of their son with regard to maintenance, education, daily needs and all other responsibilities. G) That the parties have agreed that the husband shall bear all the financial responsibilities of their son and wife. H) That the parties have agreed that they shall not have any objection if the APPLICATION U/s 482 No.9167 of 2024 (Rajiv Mittal Vs. State of U.P. & Another) is decided and the proceedings of Case No. 45024 of 2018 arising out of F.I.R. No.0255 of 2017 (State of U. P. Vs. Rajiv Mittal) U/S 498A, 323, 504, 506 LP.C. and Section 3/4 D. P. Act P. S. Chinhat, passed by ACJM-III, Lucknow is quashed in terms of this Settlement Agreement. I) The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. J) 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 present dispute. K) That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court.

7. By signing this Agreement the Parties hereto state that they have no claims or demands against each other with respect to APPLICATION U/s 482 No.9167 of 2024 (Rajiv Mittal 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."

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

5. 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.0255/2017 (Supra), indicated in the prayer, quoted above, are hereby quashed in view of settlement.

6. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 17.1.2025 Anand/-