Maneesha Gautam v. Ravindra Kumar and others) and summoning order dated
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 4634 of 2025 Ravindra Kumar And 2 Others State of U.P. and Another Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) : Ravi Jha, Rishabh Agarwal, Sharadey Counsel for Opposite Party(s) : G.A. Mishra Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
Legal Reasoning
1. Heard Sri Ravi Jha, learned counsel for the applicants and Sri S.K. Singh, learned A.G.A. for the State. 2. The applicants herein has filed the present application u/s 528 BNSS for quashing of the entire proceeding of Complaint Case No. 6164 of 2024 (Maneesha Gautam vs. Ravindra Kumar and others) and summoning order dated 16.01.25, u/s 3/4 D.P. Act, PS Robertsganj, District-Sonbhadra pending in the court of ACJ (JD), Court No. 5, Sonbhadra. 3. This Court on 05.03.2025 proceeded to pass the following orders: "1. Heard Shri Rishabh Agarwal, learned counsel for the applicants as well as Shri Uma Dutta Shukla, learned State Law Officer for the State and perused the record. 2. The present application has been filed to quash the entire proceedings of Complaint Case No. 6164/2024 and summoning order dated 16.01.2025, under Section 3/4 D.P. Act, P.S.- Robertsganj, District- Sonbhadra, pending in the court of ACJ (J.D.), Court No. 5, Sonbhadra. 3. It is submitted by learned counsel for the applicants that the present matter relates to matrimonial dispute, which may be amicably settled by way of mediation and conciliation. Learned counsel for the applicants states that there is every possibility of mediation in the present case, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court. 2 NA528 No. 4634 of 2025 4. Issue notice to opposite party no.2. 5. Considering the nature of the case, the present matter is referred to the Mediation and Conciliation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs. 35,000/- within two weeks from today with the Mediation Centre out of which Rs. 30,000/- shall be paid to opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses. 6. It is also directed that while depositing the amount before the Mediation Centre, learned counsel for the applicants shall also file memo of parties as mentioned in present case. 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, preferably within a period of two months. 8. List in the week commencing 28.04.2025 along with the report of Mediation Centre. 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 aforementioned 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. Learned counsel for the applicants has submitted that there happens to be settlement agreement dated 25.07.2025 between the parties settling the dispute before the Mediation and Conciliation Centre, Allahabad High Court, para-7 of the Settlement Agreement is quoted hereinunder: 3 NA528 No. 4634 of 2025 "7. The following settlement has been arrived at between the Parties hereto:- a) That both the parties have settled their dispute amicably and as a gesture of goodwill, compassion and for old times sake of their past association the Applicant no. 1 has agreed to pay an amount of Rs. 10,00,000/- to the O.P. No.2. b) That today ie 25.07.2025, the Applicant No. 1 has handed over a demand draft to the O.P. No. 2, bearing D.D. No.286832 dated 23.07.2025 of Rs 10,00,000/- (Ten Lakh only) drawn on State Bank of India in favour of Kumari Manisha Gautam and O.P. No.2 has acknowldged the receipt of the same c) That in view of the above, if the Hon'ble Court pleases to allow the present Application U/s 528 BNSS No. 4634 of 2025, the O.P. No.2 shall have no objection in any manner whatsoever. d) That it has been agreed between the parties that all civil and criminal cases 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. e) 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. f) 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." 5. Learned AGA does not dispute the said fact and now nothing remains to be further proceeded with. 6. Applying the principle of law in the case of Gian Singh v. State of Punjab and another 2012 (10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688 and now nothing remains to be further adjudicated and proceedings are liable to be quashed. 7. Accordingly, the present application stands allowed, the proceedings of Complaint Case No. 6164 of 2024 (Maneesha Gautam vs. Ravindra Kumar and others) and summoning order dated 16.01.25, u/s 3/4 D.P. Act, PS Robertsganj, District-Sonbhadra pending in the court of ACJ (JD), Court No. 4 NA528 No. 4634 of 2025 5, Sonbhadra stands quashed as against the applicants. 8. Liberty is accorded to the opposite party no. 2 to move appropriate application in case, she is aggrieved. September 19, 2025 A. Prajapati (Vikas Budhwar,J.) Digitally signed by :- Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad High Court of Judicature at Allahabad