Smt. Neelam Devi v. Sunil Kumar and others), under Section
Case Details
Neutral Citation No. - 2025:AHC:63332 Court No. - 75 Case :- APPLICATION U/S 482 No. - 23138 of 2023 Applicant :- Sunil Kumar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rama Shanker Mishra, learned counsel for the applicants and Sri Ajai Srivastava, learned State Law Officer for the State. 2. This instant application under Section 482 Cr.P.C, has been filed by the applicants with the prayer to quash the summoning order dated 31.03.2021 as well as the entire
Legal Reasoning
proceedings of Complaint Case No.717 of 2020 (Smt. Neelam Devi Vs. Sunil Kumar and others), under Section 498-A, 323, 504, 506, 313 I.P.C. & Sections 3/4 D.P. Act, Police Station Kotwali, District Shahjahanpur, which is now pending in the Court of Civil Judge (J.D.)/F.T.C.-II, District Shahjahanpur. 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 submitted that this Court vide order dated 06.07.2023 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 a settlement agreement was also entered into between the parties. 5. From the perusal of record, it appears that there is a report of mediation centre dated 07.11.2023 showing that a settlement agreement has been entered into between the parties on 07.11.2023. Paragraph no. 7 of the settlement agreement dated 07.11.2023 is being quoted as under: "7. In view of the Interim Settlement Agreement dated 10.10.2023, the following settlement has been arrived at between the Parties hereto:- a) That the parties have have settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Shahjahanpur and the same is registered as Case No. 1013 of 2023. The certified copy of the aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon'ble Court. b) That it has been agreed between the parties that the applicant no. 1-husband shall pay one time settlement amount of Rs.5,00,000/- (Rupees Five Lakh only) to the wife which includes permanent alimony. Stridhan and maintenance by way of demand draft. c) That on 10.10.2023, the applicant no. 1-husband had produced a demand draft bearing no. 001614 dated 07.10.2023 for Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) drawn on State Bank of India in favour of Neelam Devi (wife), which was kept in the file concerned with the consent of the parties and today i.e. 07.11.2023 the same has been handed over to the Neelam Devi (wife) and she has acknowledged the receipt of the same. d) That it has been agreed between the parties that the remaining amount i.e. Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand only) shall be paid by Sunil Kumar (Applicant- Husband) to Smt. Neelam Devi (O.P. No. 2-Wife) at the time of final judgment in Case No. 1013 of 2023 pending in Family Court, Shahjahanpur by way of demand draft. e) That as agreed in para 7(e) of the Interim settlement dated 10.10.2023, the motorcycle having registration No. UP 27 AJ 3910 has been transferred in the name of applicant no. 1-Sunil Kumar, as the said motorcycle was registered in the name of the father of the O.P. No. 2-Neelam Devi. f) That the household articles as well as jewelry mentioned in para 7(1) of the Interim Settlement dated 10.10.2023 has been returned by the applicant no.1-Sunil Kumar to the OP. No. 2-Neelam Devi. The O.P. No.2-Neelam Devi acknowledges the receipt of the same. g) That it has also 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. h) 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. i) 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." 6. From the perusal of settlement agreement dated 07.11.2023, it appears that parties have also decided to take divorce by filing application u/s 13-B of the Hindu Marriage Act and it was also decided that permanent alimony of Rs.5,00,000/- shall be paid by applicant no. 1 to opposite party no.2. It was also decided that parties will withdraw the cases filed against each other. 7. Learned counsel for the applicants has further submitted that in compliance of the settlement agreement, applicant no. 1 has paid entire alimony of Rs.5,00,000/- and application u/s 13-B of the Hindu Marriage Act is pending for final disposal. 8. Considering the aforesaid fact and on perusal of record, it appears that parties have settled their dispute and a settlement agreement was also entered into between the parties on 07.11.2023 before the Mediation Centre, High Court, Allahabad. In pursuance of settlement agreement, entire alimony as decided by the settlement agreement has also been paid to the opposite party no. 2. Therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice. 9. 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 07.11.2023, the proceeding of the aforesaid case is hereby quashed. 10. The present petition is, accordingly, allowed. Order Date :- 23.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad