Violence Act'), Police Station- Lohamandi, District- Agra, in Smt. Deepti Chauhan v. Aseem Chauhan and others, passed by Additional Chief Judicial Magistrate, Court N

Applicant :- Aseem Chauhan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashish Somvanshi,Devansh Rathore,Romeshwari Prasad,Sr. Advocate Counsel for Opposite Party :- G.A.,Gaurav Srivastav Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard Sri Ashish Somvanshi, learned counsel for the applicant, Sri Anand Mohan Rai, holding brief of Sri Rajesh Kumar Srivastava, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

2. The above three applications u/s 482 Cr.P.C. have been filed with the following prayer :- (i) In Application U/S 482 No. 22368 of 2019 : To quash the complaint dated 27.11.2017 and impugned summoning order dated

18.01.2019 u/s 498-A and 504 I.P.C. & Section 3/4 of Dowry Prohibition Act and in Complaint Case No. 129/2018, Police Station- Mahila Thana, Rakabganj, District- Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Agra. (ii) In Application U/S 482 No. 30656 of 2019 : To quash the entire proceedings of Complaint Case No. 7651 of 2017 u/s 12 of Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as 'the Domestic Violence Act') as well as order dated 13.11.2018 passed u/s 23 of of Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as 'the Domestic Violence Act'), Police Station- Lohamandi, District- Agra, in Smt. Deepti Chauhan Vs. Aseem Chauhan and others, passed by Additional Chief Judicial Magistrate, Court No.11, Agra. (iii) In Application U/S 482 No. 7135 of 2023 : To quash the order dated 30.05.2022 passed by learned Civil Judge (Junior Division), Fast Track Court - 1, Agra in Case No. 7651/2017, Smt. Deepti Chauhan Vs. Aseem Chauhan and others, u/s 12 of Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as 'the Domestic Violence Act'), Police Station- Lohamandi, District- Agra, pending in the court of learned Civil Judge (Junior Division), Fast Track Court - 1, Agra and direct the concerned passport ofÏce (O.P. No.3) to consider grant of passport of the applicant in accordance with Section 12(1) of The Passport Rules, 1980.

3. Learned counsel for the applicant and learned counsel for the opposite party no. 2 have jointly submitted that this matter was referred to the Mediation Centre, High Court Allahabad vide order dated 27.03.2023 passed in connected Application U/S 482 No. 7135 of 2023. In pursuance of that order, parties appeared before the Mediation Centre and participated in the mediation proceedings and settled their dispute. As per the mediation report dated 20.07.2023, a settlement agreement was also entered into between the parties on 20.07.2023. Paragraph no. 6 of the settlement agreement dated 20.07.2023 is being quoted as under :

6. In view of the interim settlement dated 15.06.2023, the following settlement has been arrived at between the parties hereto: a) That the parties have entered into an interim settlement dated 15.06.2023, which shall be a part of this settlemem also. As agreed between the aforesaid interim settlement, Rs. 35,00,000/- (Rs. Thirty Five Lakh only) has been deposited in the account of both the children b) That as agreed between the parties that Rs. 22,50,000/- (Rs. Twenty Two Lakh Fifty Thousand only) has also been deposited in the account of O.P. No. 4-Wife and she has acknowledged the receipt of the same and today te. 20.07.2023, the remaining amount Le Rs. 30,00,000/- (Rs. Thirty Lakh only) has been handed over through demand draft hearing no. 410670 dated 11.07.2023 drawn on State Bank of India to Deepti Chauhan (wife) and she has acknowledged the receipt of the same c) That as agreed in para 6(1) of the interim settlement dated 15.06.2023, the OP. No. 4 has moved application before the ICICI Bank, Branch- Sanjay Place, Agra. d) That it has also been agreed between the parties that the cases/complaints 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.

4. It is jointly submitted by both the parties that as the parties have settled their dispute amicably, therefore, impugned proceedings may be quashed.

5. Learned A.G.A. has also submitted that the parties have settled their dispute before the Mediation Centre, therefore, the Court, in exercise of its power, may quash the impugned proceedings.

6. Considering the submissions of learned counsel for the parties and on perusal of record, it appears that matrimonial discord between the applicant, Aseem Chauhan and opposite party no. 2, Smt. Deepti Chauhan has resulted in the impugned proceedings. Now, they have settled their dispute amicably and settlement agreement dated 20.07.2023 has also been entered into between them. Therefore, in such circumstances, permitting to continue the impugned proceedings under I.P.C. or Domestic Violence Act 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 20.07.2023, the aforesaid impugned proceedings are hereby quashed.

8. With the aforesaid direction, the above three applications are allowed. Order Date :- 24.1.2025 KS KISHAN SINHA High Court of Judicature at Allahabad

Applicant :- Aseem Chauhan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashish Somvanshi,Devansh Rathore,Romeshwari Prasad,Sr. Advocate Counsel for Opposite Party :- G.A.,Gaurav Srivastav Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard Sri Ashish Somvanshi, learned counsel for the applicant, Sri Anand Mohan Rai, holding brief of Sri Rajesh Kumar Srivastava, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

2. The above three applications u/s 482 Cr.P.C. have been filed with the following prayer :- (i) In Application U/S 482 No. 22368 of 2019 : To quash the complaint dated 27.11.2017 and impugned summoning order dated

18.01.2019 u/s 498-A and 504 I.P.C. & Section 3/4 of Dowry Prohibition Act and in Complaint Case No. 129/2018, Police Station- Mahila Thana, Rakabganj, District- Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Agra. (ii) In Application U/S 482 No. 30656 of 2019 : To quash the entire proceedings of Complaint Case No. 7651 of 2017 u/s 12 of Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as 'the Domestic Violence Act') as well as order dated 13.11.2018 passed u/s 23 of of Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as 'the Domestic Violence Act'), Police Station- Lohamandi, District- Agra, in Smt. Deepti Chauhan Vs. Aseem Chauhan and others, passed by Additional Chief Judicial Magistrate, Court No.11, Agra. (iii) In Application U/S 482 No. 7135 of 2023 : To quash the order dated 30.05.2022 passed by learned Civil Judge (Junior Division), Fast Track Court - 1, Agra in Case No. 7651/2017, Smt. Deepti Chauhan Vs. Aseem Chauhan and others, u/s 12 of Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as 'the Domestic Violence Act'), Police Station- Lohamandi, District- Agra, pending in the court of learned Civil Judge (Junior Division), Fast Track Court - 1, Agra and direct the concerned passport ofÏce (O.P. No.3) to consider grant of passport of the applicant in accordance with Section 12(1) of The Passport Rules, 1980.

3. Learned counsel for the applicant and learned counsel for the opposite party no. 2 have jointly submitted that this matter was referred to the Mediation Centre, High Court Allahabad vide order dated 27.03.2023 passed in connected Application U/S 482 No. 7135 of 2023. In pursuance of that order, parties appeared before the Mediation Centre and participated in the mediation proceedings and settled their dispute. As per the mediation report dated 20.07.2023, a settlement agreement was also entered into between the parties on 20.07.2023. Paragraph no. 6 of the settlement agreement dated 20.07.2023 is being quoted as under :

6. In view of the interim settlement dated 15.06.2023, the following settlement has been arrived at between the parties hereto: a) That the parties have entered into an interim settlement dated 15.06.2023, which shall be a part of this settlemem also. As agreed between the aforesaid interim settlement, Rs. 35,00,000/- (Rs. Thirty Five Lakh only) has been deposited in the account of both the children b) That as agreed between the parties that Rs. 22,50,000/- (Rs. Twenty Two Lakh Fifty Thousand only) has also been deposited in the account of O.P. No. 4-Wife and she has acknowledged the receipt of the same and today te. 20.07.2023, the remaining amount Le Rs. 30,00,000/- (Rs. Thirty Lakh only) has been handed over through demand draft hearing no. 410670 dated 11.07.2023 drawn on State Bank of India to Deepti Chauhan (wife) and she has acknowledged the receipt of the same c) That as agreed in para 6(1) of the interim settlement dated 15.06.2023, the OP. No. 4 has moved application before the ICICI Bank, Branch- Sanjay Place, Agra. d) That it has also been agreed between the parties that the cases/complaints 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.

4. It is jointly submitted by both the parties that as the parties have settled their dispute amicably, therefore, impugned proceedings may be quashed.

5. Learned A.G.A. has also submitted that the parties have settled their dispute before the Mediation Centre, therefore, the Court, in exercise of its power, may quash the impugned proceedings.

6. Considering the submissions of learned counsel for the parties and on perusal of record, it appears that matrimonial discord between the applicant, Aseem Chauhan and opposite party no. 2, Smt. Deepti Chauhan has resulted in the impugned proceedings. Now, they have settled their dispute amicably and settlement agreement dated 20.07.2023 has also been entered into between them. Therefore, in such circumstances, permitting to continue the impugned proceedings under I.P.C. or Domestic Violence Act 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 20.07.2023, the aforesaid impugned proceedings are hereby quashed.

8. With the aforesaid direction, the above three applications are allowed. Order Date :- 24.1.2025 KS KISHAN SINHA High Court of Judicature at Allahabad