Rajesh Kumar v. Dhanmanti before Family Court

1. Heard Sri Sunil Kumar Yadav, learned counsel for the applicants and Sri Om Prakash Mishra, learned A.G.A. for the State.

2. None is present on behalf of opposite party no. 2.

3. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceedings of Criminal Case No. 287 of 2016 arising out of Case Crime No. 400 of 2014 under Section 429 IPC, Police Station-Sahawar, District-Kasganj as well as the charge sheet dated 29.11.2014 and cognizance order dated 28.3.2016.

4. Learned counsel for the applicants submits that the applicant no. 3 was the wife of elder brother of opposite party no. 2. There was matrimonial dispute between the applicant no. 3 and her husband due to which various proceedings were initiated by the applicant no. 3 against her husband and other family members. As a counterblast to the same, the instant complaint case was lodged by the opposite party no. 2, who is the brother- in-law (devar) of applicant no. 3 against the applicants.

5. The matrimonial dispute between the parties was settled through the Mediation Centre of this Court in Criminal Misc. Writ Petition No. 12684 of 2015 on 11.10.2015 on the following terms:- "SETTLEMENT entered into on 11.10.2015 between Sri Rajesh Kumar (Petitioner No. 1- Husband Dhanmanti Devi (Respondent.NO.2-wife) WHEREAS

1. Disputes and differences had arisen between the Parties hereto and Crl. Misc. Writ Petition No 12684 of 2015 was filed before the Hon'ble High Court.

2. The matter was referred to mediation /conciliation vide orders dated 26.05.2015 passed by Hon'ble Mr. Justice Arvind Kumar Mishra-I.

3. The parties have agreed that Mr. Bajrangi Mishra & Mr. D.K. Srivastava, Advocates would act a their Conciliators/Mediators in Mediation Case No. 0603 of 2015.

4. Joint and separate meetings were held during the process of Conciliation/Mediation o 09.08.2015, 16.08.2015, 13.09.2015, 27.09.2015 and 11.10.2015 and 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 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 Mediator/Conciliator.

6. The following settlement has been arrived at between the Parties hereto: a. That on 16.08.2015, the parties have entered into an interim settlement and it has been agreed between the parties that the agreed permanent alimony of Rs. 2,25,000/- (rupee two lacs twenty five thousand only) shall be given by the husband to the wife in two installments. b. That the first installment of Rs. 1,25,000/- (rupees one lac twenty five thousand only) ha been handed over today i.e. 11.10.2015, to the wife through the demand draft bearing no 409660 dated 08.09.2015 issued in the name of Dhanmanti and she has acknowledged the receipt of the same. c. That it has been agreed between the parties that the next installment of Rs.1,00,000/-(rupees one lac only) shall be paid by the husband to the wife at the time of final decree of divorce before the court concerned. d. That as per the agreement the parties have filed a mutual divorce petition u/s 13-B of Hindu Marriage Act registered as case no. 342 of 2015(Rajesh Kumar Vs. Dhanmanti before Family Court, Etah. The certified copy of the mutual divorce petition is being annexed to this settlement. e. That it has been agreed between the parties that all the civil and criminal cases filed by the parties against each other shall be withdrawn by them by moving suitable application before the court concerned only after full and final payment of the rest amount i.e. Rs.1,00,000/- (rupees one lac only) and final decree of divorce. f. That it has been agreed between the parties that they shall not violate any terms and condition of this settlement, otherwise the aggrieved party recourse

7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to Crl. Misc. Writ Petition No. 12684 of 2015 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

6. Learned counsel for the applicants submits that since the instant case was arising out of matrimonial dispute and was a counterblast case to the proceedings initiated by the applicant no. 3 and the said matrimonial dispute has already been settled and divorce decree has been granted in the year 2016 itself pursuant to the settlement arrived at between the applicant no. 3 and her husband on 11.10.2015. Thus, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case.

7. Learned A.G.A. also submits that since the instant case is also an offshoot of the matrimonial dispute between the applicant no. 3 and her husband, which has been amicably settled between the parties, and divorce decree has already been granted in pursuance of the aforesaid settlement, in view thereof, he has no objection if the proceedings of the instant case are also quashed.

8. Having heard the submissions made by learned counsel for the parties, this Court has gone through the record of the case.

9. From the perusal of the record, it is apparent that the applicant no. 3 was married to Rajesh Kumar, who is the elder brother of opposite party no. 2 and pursuant to the matrimonial dispute between them, she has initiated the proceedings under Section 125 Cr.P.C. and other other proceedings against her husband and other family members. Thereupon, a Criminal Misc. Writ Petition No. 12684 of 2015 was filed by the husband-Rajesh Kumar before this Court in which the matter was referred to the Mediation Centre and Mediation was successful between the parties as noted hereinabove. Thus, since the instant case is also an offshoot of matrimonial dispute between the elder brother of opposite party no. 2 and applicant no. 3, which has already been settled, no fruitful purpose would be served by keeping the instant proceedings pending against the applicants.

10. In view of the aforesaid, the instant application is allowed and the entire proceedings of Criminal Case No. 287 of 2016 arising out of Case Crime No. 400 of 2014 under Section 429 IPC, Police Station-Sahawar, District-Kasganj are hereby quashed. Order Date :- 1.8.2025/Kirti (Anish Kumar Gupta, J.) SMT KIRTI MISHRA High Court of Judicature at Allahabad

1. Heard Sri Sunil Kumar Yadav, learned counsel for the applicants and Sri Om Prakash Mishra, learned A.G.A. for the State.

2. None is present on behalf of opposite party no. 2.

3. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceedings of Criminal Case No. 287 of 2016 arising out of Case Crime No. 400 of 2014 under Section 429 IPC, Police Station-Sahawar, District-Kasganj as well as the charge sheet dated 29.11.2014 and cognizance order dated 28.3.2016.

4. Learned counsel for the applicants submits that the applicant no. 3 was the wife of elder brother of opposite party no. 2. There was matrimonial dispute between the applicant no. 3 and her husband due to which various proceedings were initiated by the applicant no. 3 against her husband and other family members. As a counterblast to the same, the instant complaint case was lodged by the opposite party no. 2, who is the brother- in-law (devar) of applicant no. 3 against the applicants.

5. The matrimonial dispute between the parties was settled through the Mediation Centre of this Court in Criminal Misc. Writ Petition No. 12684 of 2015 on 11.10.2015 on the following terms:- "SETTLEMENT entered into on 11.10.2015 between Sri Rajesh Kumar (Petitioner No. 1- Husband Dhanmanti Devi (Respondent.NO.2-wife) WHEREAS

1. Disputes and differences had arisen between the Parties hereto and Crl. Misc. Writ Petition No 12684 of 2015 was filed before the Hon'ble High Court.

2. The matter was referred to mediation /conciliation vide orders dated 26.05.2015 passed by Hon'ble Mr. Justice Arvind Kumar Mishra-I.

3. The parties have agreed that Mr. Bajrangi Mishra & Mr. D.K. Srivastava, Advocates would act a their Conciliators/Mediators in Mediation Case No. 0603 of 2015.

4. Joint and separate meetings were held during the process of Conciliation/Mediation o 09.08.2015, 16.08.2015, 13.09.2015, 27.09.2015 and 11.10.2015 and 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 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 Mediator/Conciliator.

6. The following settlement has been arrived at between the Parties hereto: a. That on 16.08.2015, the parties have entered into an interim settlement and it has been agreed between the parties that the agreed permanent alimony of Rs. 2,25,000/- (rupee two lacs twenty five thousand only) shall be given by the husband to the wife in two installments. b. That the first installment of Rs. 1,25,000/- (rupees one lac twenty five thousand only) ha been handed over today i.e. 11.10.2015, to the wife through the demand draft bearing no 409660 dated 08.09.2015 issued in the name of Dhanmanti and she has acknowledged the receipt of the same. c. That it has been agreed between the parties that the next installment of Rs.1,00,000/-(rupees one lac only) shall be paid by the husband to the wife at the time of final decree of divorce before the court concerned. d. That as per the agreement the parties have filed a mutual divorce petition u/s 13-B of Hindu Marriage Act registered as case no. 342 of 2015(Rajesh Kumar Vs. Dhanmanti before Family Court, Etah. The certified copy of the mutual divorce petition is being annexed to this settlement. e. That it has been agreed between the parties that all the civil and criminal cases filed by the parties against each other shall be withdrawn by them by moving suitable application before the court concerned only after full and final payment of the rest amount i.e. Rs.1,00,000/- (rupees one lac only) and final decree of divorce. f. That it has been agreed between the parties that they shall not violate any terms and condition of this settlement, otherwise the aggrieved party recourse

7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to Crl. Misc. Writ Petition No. 12684 of 2015 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

6. Learned counsel for the applicants submits that since the instant case was arising out of matrimonial dispute and was a counterblast case to the proceedings initiated by the applicant no. 3 and the said matrimonial dispute has already been settled and divorce decree has been granted in the year 2016 itself pursuant to the settlement arrived at between the applicant no. 3 and her husband on 11.10.2015. Thus, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case.

7. Learned A.G.A. also submits that since the instant case is also an offshoot of the matrimonial dispute between the applicant no. 3 and her husband, which has been amicably settled between the parties, and divorce decree has already been granted in pursuance of the aforesaid settlement, in view thereof, he has no objection if the proceedings of the instant case are also quashed.

8. Having heard the submissions made by learned counsel for the parties, this Court has gone through the record of the case.

9. From the perusal of the record, it is apparent that the applicant no. 3 was married to Rajesh Kumar, who is the elder brother of opposite party no. 2 and pursuant to the matrimonial dispute between them, she has initiated the proceedings under Section 125 Cr.P.C. and other other proceedings against her husband and other family members. Thereupon, a Criminal Misc. Writ Petition No. 12684 of 2015 was filed by the husband-Rajesh Kumar before this Court in which the matter was referred to the Mediation Centre and Mediation was successful between the parties as noted hereinabove. Thus, since the instant case is also an offshoot of matrimonial dispute between the elder brother of opposite party no. 2 and applicant no. 3, which has already been settled, no fruitful purpose would be served by keeping the instant proceedings pending against the applicants.

10. In view of the aforesaid, the instant application is allowed and the entire proceedings of Criminal Case No. 287 of 2016 arising out of Case Crime No. 400 of 2014 under Section 429 IPC, Police Station-Sahawar, District-Kasganj are hereby quashed. Order Date :- 1.8.2025/Kirti (Anish Kumar Gupta, J.) SMT KIRTI MISHRA High Court of Judicature at Allahabad