Smt. Priya Vishwas v. Gaurav Vishwas and others), under Sections
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 4391 of 2025 Gaurav Vishwas And 3 Others State of U.P. and Another Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Rajesh Kumar : G.A., Rajendra Kumar Singh Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
Legal Reasoning
1. Heard Sri Rajesh Kumar, learned counsel for the applicants and Sri S.K. Singh, learned A.G.A. for the State as well as Sri Rajendra Kumar Singh, counsel for the opposite party no. 2. 2. The applicants herein has filed the present application u/s 528 BNSS for quashing of the entire proceedings as well as impugned summoning order dated 21.09.2024 passed by the learned Additional Chief Judicial Magistrate, Chibramau, Kannauj, in Complaint No.1802 of 2023 (Smt. Priya Vishwas v. Gaurav Vishwas and others), under Sections 323, 498-A, 504 I.P.C. and Section 4 Dowry Prohibition Act, Police Station Saurikh, District Kannauj. 3. This Court on 10.03.2025 proceeded to pass the following orders: "1. Heard Rajesh Kumar, learned counsel for the applicants and Shri Rajeev Kumar Singhi, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceedings as well as impugned summoning order dated 21.09.2024 passed by the learned Additional Chief Judicial Magistrate, Chibramau, Kannauj, in Complaint No.1802 of 2023 (Smt. Priya Vishwas v. Gaurav Vishwas and others), under Sections 323, 498-A, 504 I.P.C. and Section 4 Dowry Prohibition Act, Police Station Saurikh, District Kannauj. 3. Contention of learned counsel for the applicants is that the present dispute is a matrimonial dispute between husband and wife which can be settled through mediation, therefore, this matter may be referred to the Mediation Centre, Allahabad High Court. 4. Considering the nature of the case, the present matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs. 20,000/- within two weeks from today with the Mediation Centre out of which Rs.17,500/- shall be paid to opposite party no.2 on her appearance before the 2 NA528 No. 4391 of 2025 Mediation Centre on a date to be fixed by the mediation center. Balance Rs.2,500/- shall be retained by the mediation center towards its expenses. 5. It is also directed that while depositing money before the mediation centre, counsel for the applicants shall also file memo of parties as mentioned in case file along with the WhatsApp number as well as email ID of the private respondent(s), if available. 6. Issue notice to opposite party No.2. 7. After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously. 8. List in the week commencing 28.04.2025. 9. It is further provided, if applicants file receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in the aforesaid case, till the next date of listing. 10. It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter. 11. It is also made clear that in case the applicants fail to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicants." 4. There is an office report dated 19.09.2025 that the mediation report is available on record. 5. Learned counsel for the applicants has submitted that there happens to be settlement agreement dated 27.07.2025 between the parties settling the dispute before the Mediation and Conciliation Centre, Allahabad High Court, para-7 of the Settlement Agreement is quoted hereinunder: "7. The following Settlement has been arrived at between the Parties hereto:- a) That Gaurav Vishwas (Applicant No.1-Husband) and Priya Vishwas (O. P. No.2- wife) have agreed to live separately and dissolve their marriage and pursuant to the same they have filed a mutual divorce petition under Section 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Kannauj which is registered as Petition No. 3991 of 2025. Parties agree that they shall not resile from the aforesaid proceedings in any manner whatsoever and they will take it to its logical conclusion without creating any impediment in its logically reaching its conclusion. The parties shall produce the certified copy of the aforesaid divorce petition before 3 NA528 No. 4391 of 2025 the Hon'ble High Court at the time of hearing in the present case. b) That in full and final settlement of all the financial claims of Priya Vishwas (O. P. No.2-wife) that may accrue against Gaurav Vishwas (Applicant No.1-Husband) and his family members, the Applicant No.1-husband has agreed to pay a sum of Rs.1,45,000/- (Rs. One Lakh Forty Five Thousand Only) to the O. P. No.2-wife which includes the Stridhan, permanent alimony, maintenance and all that amounts of recovery that may be arising from any case or proceedings of any nature whatsoever. After receiving the aforesaid amount, the O. P. No.2-wife shall not be entitled to claim any further alimony, maintenance nor shall she stake any claim in the property of the applicant no.1 or his family members in future. The aforesaid amount shall be paid by the Applicant No.1-husband to the O. P. No.2-wife by means of demand drafts duly drawn from the nationalized bank in the name of wife (PRIYA BISWAS, O. P. No.2's name in her bank account). c) That today i.e. 27.07.2025, Gaurav Vishwas (Applicant No.1-Husband) has produced a demand draft bearing no. 088999 dated 17.07.2025 drawn on State Bank of India for Rs.1,00,000/- (Rs. One Lakh Only) issued in favour of Priya Biswas (wife) and the same is being handed over to the O. P. No.2-Priya Vishwas today itself and she has acknowledged the receipt of the same. d) That it has further been agreed between the parties that the remaining amount of Rs.45,000/- (Rs. Forty Five thousand Only) shall be paid by Gaurav Vishwas (Applicant No.1-Husband) to Priya Vishwas (O. P. No.2-wife) by way of demand draft drawn in favour of Priya Biswas at the time of second motion in the Petition No. 3991 of 2025 filed before the Principal Judge, Family Court, Kannauj. e) That it has been further agreed between the parties that in case, the O. P. No.2-wife does not participate in the proceedings under Section 13-B of the Hindu Marriage Act at the time of second motion she shall be entitled to refund the entire amount she received from the applicant no.1-husband along with current market rate of interest and in case the Applicant No.1-husband fails to appear at the time of second motion of petition under Section 13-B of the H.M. Act, the amount already paid to the O. P. No.2-wife by him in terms of this Settlement shall stand forfeited in her favor and it shall not be calculated towards any adjustments. f) That it has also been agreed between the parties that all the cases (civil and criminal) is pending between the parties regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. g) That the parties will not file any fresh case against each other or their family members in respect of this matrimonial dispute and after the decree of divorce it will be open for both the side to remarry." 6. Learned AGA as well as counsel for the opposite party no. 2 do not dispute the said fact and now nothing remains to be further proceeded with. 4 NA528 No. 4391 of 2025