Saurabh Dudeja v. Annu Sharma and others), u/s

1. Heard Sri Dheeraj Kumar Singh, learned counsel for the applicants, Sri Virendra Singh Tomar, Advocate, holding brief of Sri Anand Prakash Yadav, learned counsel for the opposite party no. 2 and Sri P.P. Tiwari, learned A.G.A. for the State.

2. This application has been filed by the applicants for quashing the entire proceeding of Criminal Case No. 28559/9/2022 (State vs. Saurabh Dudeja and another) under Sections 498A, 323, 504, 506, 354 IPC and Section 5 of Immoral TrafÏc (Prevention) Act, 1956, P.S.- Nai Mandi, District- Muzaffar Nagar, including summoning order dated

16.08.2023 and charge-sheet dated 03.09.2022 arising out of Case Crime No. 336 of 2022 under Sections- 376, 307, 323, 504, 506 I.P.C., Police Station- Nai Mandi, District- Muzaffarnagar.

3. Facts giving rise to the present controversy is that applicant no. 1 is husband of opposite party no.2 and matrimonial discord between them has culminated into present proceedings.

4. Learned counsel for the applicants as well as learned counsel for the opposite party no. 2 have jointly submitted that this Court vide order dated 29.03.2024 considering the fact that the dispute is matrimonial in nature referred this matter to Mediation Centre, High Court, Allahabad. In pursuance of the order of this court, parties have appeared before the Mediation Centre to participate in the mediation proceedings and have settled their dispute and a settlement agreement dated 08.08.2024 was also entered into between the parties. A request has been made that on the basis of the settlement agreement, impugned proceedings may be quashed.

5. From the perusal of record, it appears that there is a report of mediation centre dated 11.08.2024 showing that a settlement agreement has been entered into between the parties on 08.08.2024 by which it is clear that the parties have settled their dispute amicably and decided to live separately for consideration of Rs.13,00,000/-. It was also decided that parties will withdraw the cases filed against each other. Paragraph no. 7 of the settlement agreement dated 08.08.2024 is being quoted as under: "In view of the Interim Settlement Agreement dated 04.07.2024, the following settlement has been arrived at between the Parties hereto:- a) That the parties have amicably settled their dispute and in this regard they have produced 'Aapsi Sulahnama' dated 15.05.2024. The parties stated that all the terms and conditions mentioned in the aforesaid 'Aapsi Sulahnama' have been fulfilled. The parties further reiterate and reafÏrm all the the terms and conditions of the aforesaid 'Aapsi Sulahnama' and the same shall be a part of this settlement also. The photocopy of the aforesaid 'Aapsi Sulahnama" is annexed to this settlement for kind perusal of the Hon'ble Court. b) That both the parties acknowledge that both are known to each other for long time and out of affection and for old time sake the applicant no.1- Saurabh Dudeja wants to give Rs.13,00,000/- (Rs. Thirteen Lakh only) to the O.P. No.2, to which she has no objection. c) That out of the aforesaid amount, Rs.1,00,000/- (Rs. One Lakh only) has already been given to the O.P. No.2-Anu Sharma and the remaining amount Le. Rs.12,00,000/- (Rs. Twelve Lakh only) is being handed over today Le 08.08.2024 to the O.P. No.2-Anu Sharma through demand draft bearing no.612788 dated 13.05.2024 drawn on IndusInd Bank issued in favour of Anu Sharma (O.P. No.2) and she has acknowledged the receipt of the same. d) That it has been agreed between the parties that in case the aforesaid demand draft to the tune of Rs 12,00,000/- (Rs. Twelve Lakh only) has not been encahsed due to efÒux of time, a new demand draft will be given to the O.P. No.2 in her favour by the applicant no. 1 after taking back the aforesaid demand draft from the O.P. No.2. e) That as agreed between the parties in para 6(c) of the Interim Settlement dated 04.07.2024, the parties have moved withdrawal application in the cases filed by them against each other. The details of the cases are as under- a) Complaint Case No. 6408 of 2023 (Saurabh Dudeja vs. Annu Sharma and others), u/s 389, 420, 406, 209, 500, 504 IPC, P.S. Nai Mandi, Muzaffarnagar, a certified copy order dated 08.07.2024 passed by ACJM, Court No.1, Muzaffarnagar is annexed to this settlement for kind perusal of the Hon'ble Court. b) Case No. COM196/2023 (Sushma Dudeja & another vs. anu Sharma and Others), u/s 389, 452, 506 IPC, a certified copy of order dated 08.07.2024 passed by JMFC/Gurugram is annexed to this settlement for kind perusal of the Hon'ble Court. c) Criminal Revision No. 97/2024, (Saurabh Dudeja & others vs. State of U.P. & another), a photocopy of order dated 31.07.2024 passed by Session Judge, Muzaffarnagar is annexed to this settlement for kind perusal of the Hon'ble Court. The parties undertake that they will produce the certified copy of the same before the Hon'ble Court at the time of hearing. d) Case No. 676/2022 (Smt. Anu Sharma vs. Saurabh Dudeja), u/s 12 D.V. Act, P.S. Nal Mandi, District- Muzaffarnagar, a photocopy of order dated 25.07.2024 passed by Civil Judge (JD)/FTC, Court No.2, Muzaffarnagar is annexed to this settlement for kind perusal of the Hon'ble Court. The parties undertake that they will produce the certified copy of the same before the Hon'ble Court at the time of hearing. e) Case Crime No. 1310 of 2023 (Anu Sharma vs. Saurabh Dudeja and others), u/s 406 IPC & Section 6 D.P. Act, P.S. Nai Mandi, District- Muzaffarnagar, a photocopy of order dated 06.08.2024 passed by ACJM, Court No. 1, Muzaffarnagar is annexed to this settlement for kind perusal of the Hon'ble Court. The parties undertake that they will produce the certified copy of the same before the Hon'ble Court at the time of hearing. f) Case No. 463 of 2022 (Anu Sharma vs. Saurabh Dudeja), u/s 125 Cr.P.C., a certified copy of order dated 15.05.2024 passed by Additional Principal Judge, Family Court No.2, Muzaffarnagar is annexed to this settlement for kind perusal of the Hon'ble Court. f) That, in future, the O.P. No.2 undertake that she will not represent herself as wife of applicant no.1 for the purpose of any legal proceeding and both the parties have no relationship whatsoever in future. g) That both the parties agree that all the agreements which they had entered into earlier hereinafter stand annulled/rescinded and will have no effect and operation in future. h) That both the parties undertake that they will not file any criminal or civil case against each other or their family members in future in respect of this dispute. i) That it has also been agreed between the parties that apart from the above mentioned cases, all civil and criminal cases (if any) filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned." 6. Considering the fact that parties have settled their dispute and a settlement agreement was also entered into between the parties on 08.08.2024 before the Mediation Centre, High Court, Allahabad, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice.

7. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the settlement agreement dated 08.08.2024, the proceeding of the aforesaid case is hereby quashed.

8. The present application is, accordingly, allowed. Order Date :- 16.5.2025 KS KISHAN SINHA High Court of Judicature at Allahabad

1. Heard Sri Dheeraj Kumar Singh, learned counsel for the applicants, Sri Virendra Singh Tomar, Advocate, holding brief of Sri Anand Prakash Yadav, learned counsel for the opposite party no. 2 and Sri P.P. Tiwari, learned A.G.A. for the State.

2. This application has been filed by the applicants for quashing the entire proceeding of Criminal Case No. 28559/9/2022 (State vs. Saurabh Dudeja and another) under Sections 498A, 323, 504, 506, 354 IPC and Section 5 of Immoral TrafÏc (Prevention) Act, 1956, P.S.- Nai Mandi, District- Muzaffar Nagar, including summoning order dated

16.08.2023 and charge-sheet dated 03.09.2022 arising out of Case Crime No. 336 of 2022 under Sections- 376, 307, 323, 504, 506 I.P.C., Police Station- Nai Mandi, District- Muzaffarnagar.

3. Facts giving rise to the present controversy is that applicant no. 1 is husband of opposite party no.2 and matrimonial discord between them has culminated into present proceedings.

4. Learned counsel for the applicants as well as learned counsel for the opposite party no. 2 have jointly submitted that this Court vide order dated 29.03.2024 considering the fact that the dispute is matrimonial in nature referred this matter to Mediation Centre, High Court, Allahabad. In pursuance of the order of this court, parties have appeared before the Mediation Centre to participate in the mediation proceedings and have settled their dispute and a settlement agreement dated 08.08.2024 was also entered into between the parties. A request has been made that on the basis of the settlement agreement, impugned proceedings may be quashed.

5. From the perusal of record, it appears that there is a report of mediation centre dated 11.08.2024 showing that a settlement agreement has been entered into between the parties on 08.08.2024 by which it is clear that the parties have settled their dispute amicably and decided to live separately for consideration of Rs.13,00,000/-. It was also decided that parties will withdraw the cases filed against each other. Paragraph no. 7 of the settlement agreement dated 08.08.2024 is being quoted as under: "In view of the Interim Settlement Agreement dated 04.07.2024, the following settlement has been arrived at between the Parties hereto:- a) That the parties have amicably settled their dispute and in this regard they have produced 'Aapsi Sulahnama' dated 15.05.2024. The parties stated that all the terms and conditions mentioned in the aforesaid 'Aapsi Sulahnama' have been fulfilled. The parties further reiterate and reafÏrm all the the terms and conditions of the aforesaid 'Aapsi Sulahnama' and the same shall be a part of this settlement also. The photocopy of the aforesaid 'Aapsi Sulahnama" is annexed to this settlement for kind perusal of the Hon'ble Court. b) That both the parties acknowledge that both are known to each other for long time and out of affection and for old time sake the applicant no.1- Saurabh Dudeja wants to give Rs.13,00,000/- (Rs. Thirteen Lakh only) to the O.P. No.2, to which she has no objection. c) That out of the aforesaid amount, Rs.1,00,000/- (Rs. One Lakh only) has already been given to the O.P. No.2-Anu Sharma and the remaining amount Le. Rs.12,00,000/- (Rs. Twelve Lakh only) is being handed over today Le 08.08.2024 to the O.P. No.2-Anu Sharma through demand draft bearing no.612788 dated 13.05.2024 drawn on IndusInd Bank issued in favour of Anu Sharma (O.P. No.2) and she has acknowledged the receipt of the same. d) That it has been agreed between the parties that in case the aforesaid demand draft to the tune of Rs 12,00,000/- (Rs. Twelve Lakh only) has not been encahsed due to efÒux of time, a new demand draft will be given to the O.P. No.2 in her favour by the applicant no. 1 after taking back the aforesaid demand draft from the O.P. No.2. e) That as agreed between the parties in para 6(c) of the Interim Settlement dated 04.07.2024, the parties have moved withdrawal application in the cases filed by them against each other. The details of the cases are as under- a) Complaint Case No. 6408 of 2023 (Saurabh Dudeja vs. Annu Sharma and others), u/s 389, 420, 406, 209, 500, 504 IPC, P.S. Nai Mandi, Muzaffarnagar, a certified copy order dated 08.07.2024 passed by ACJM, Court No.1, Muzaffarnagar is annexed to this settlement for kind perusal of the Hon'ble Court. b) Case No. COM196/2023 (Sushma Dudeja & another vs. anu Sharma and Others), u/s 389, 452, 506 IPC, a certified copy of order dated 08.07.2024 passed by JMFC/Gurugram is annexed to this settlement for kind perusal of the Hon'ble Court. c) Criminal Revision No. 97/2024, (Saurabh Dudeja & others vs. State of U.P. & another), a photocopy of order dated 31.07.2024 passed by Session Judge, Muzaffarnagar is annexed to this settlement for kind perusal of the Hon'ble Court. The parties undertake that they will produce the certified copy of the same before the Hon'ble Court at the time of hearing. d) Case No. 676/2022 (Smt. Anu Sharma vs. Saurabh Dudeja), u/s 12 D.V. Act, P.S. Nal Mandi, District- Muzaffarnagar, a photocopy of order dated 25.07.2024 passed by Civil Judge (JD)/FTC, Court No.2, Muzaffarnagar is annexed to this settlement for kind perusal of the Hon'ble Court. The parties undertake that they will produce the certified copy of the same before the Hon'ble Court at the time of hearing. e) Case Crime No. 1310 of 2023 (Anu Sharma vs. Saurabh Dudeja and others), u/s 406 IPC & Section 6 D.P. Act, P.S. Nai Mandi, District- Muzaffarnagar, a photocopy of order dated 06.08.2024 passed by ACJM, Court No. 1, Muzaffarnagar is annexed to this settlement for kind perusal of the Hon'ble Court. The parties undertake that they will produce the certified copy of the same before the Hon'ble Court at the time of hearing. f) Case No. 463 of 2022 (Anu Sharma vs. Saurabh Dudeja), u/s 125 Cr.P.C., a certified copy of order dated 15.05.2024 passed by Additional Principal Judge, Family Court No.2, Muzaffarnagar is annexed to this settlement for kind perusal of the Hon'ble Court. f) That, in future, the O.P. No.2 undertake that she will not represent herself as wife of applicant no.1 for the purpose of any legal proceeding and both the parties have no relationship whatsoever in future. g) That both the parties agree that all the agreements which they had entered into earlier hereinafter stand annulled/rescinded and will have no effect and operation in future. h) That both the parties undertake that they will not file any criminal or civil case against each other or their family members in future in respect of this dispute. i) That it has also been agreed between the parties that apart from the above mentioned cases, all civil and criminal cases (if any) filed by them against each other regarding present dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned." 6. Considering the fact that parties have settled their dispute and a settlement agreement was also entered into between the parties on 08.08.2024 before the Mediation Centre, High Court, Allahabad, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice.

7. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the settlement agreement dated 08.08.2024, the proceeding of the aforesaid case is hereby quashed.

8. The present application is, accordingly, allowed. Order Date :- 16.5.2025 KS KISHAN SINHA High Court of Judicature at Allahabad