B.S. Joshi v. State of Haryana), J.T

1. Heard Sri Ramesh Kumar Mishra, learned counsel for the applicants, Sri Brij Bihari Yadav, learned counsel for the opposite party no.2 as well as Ms. Harshita Rani, learned A.G.A. for the State and perused the record.

2. The present application has been filed to quash the impugned charge sheet dated 27.04.2019 as well as cognizance dated 28.04.2019 in Case No.400 of 2019 (State Vs. Sumit Yadav and others), arising out of Case Crime No.0615 of 2018, under Sections 498-A, 323, 504, 506, 406 I.P.C. and Section 3/4 D.P. Act, pending in the court of A.C.J.M., Court No.17, Prayagraj.

3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial in nature. The husband had filed divorce petition under Section 13 of Hind Marriage Act before the Family Court, Nagpur against which the opposite party no.2 had approached the Apex Court through Transfer Petition (Civil) No.2013 of 2021 to transfer the divorce petition from Maharashtra to U.P. The Apex Court considering the fact that dispute between the parties is matrimonial in nature referred their dispute to Mediation Centre, High Court, Allahabad by order dated 06.09.2022. In pursuance of that order, the parties had appeared before the Mediation Centre, High Court, Allahabad and a settlement agreement dated 29.10.2022 has been entered into between the parties, copy of the same has been annexed at page no.14 of the second supplementary affidavit dated 27.11.2024. Paragraph No.7 of the settlement agreement dated 29.10.2022 is being quoted as under:- "7. The following settlement has been arrived at between the Parties hereto:- a) That the petitioner-Smt. Archana and respondent- Shri Sumit have agreed to dissolve their marriage by filing a joint petition u/s 13-B of the Hindu Marriage Act in Family Court, Allahabad on/or before 30.11.2022 or at any other mutually agreed date between the parties. Both the parties agree that they shall not resile from the present proceeding in any manner whatsoever and take it to its logical conclusion. b) That in full and final settlement of all the financial claim of petitioner-Smt. Archana, respondent-Shri-Sumit has agreed to pay sum of Rs. 17,00,000/- (Rupees Seventeen Lakhs only) which was also agreed by petitioner-Smt, Archana and after receiving payment of this settled amount petitioner -Smt. Archana agrees that she shall not stake of any other claim of any nature whatsoever, claiming any further assistance/maintenance from the respondent-Shri Sumit. She also agrees that she shall not stake any claim in the property of respondent-Shri Sumit or his family members. c) That parties had agreed that this amount of Rs. 17,00,000/- (Rupees Seventeen Lakhs only) shall be paid by respondent-Shri Sumit to petitioner- Archana in two installments of Rs. 7,00,000/- (Rupees Seven Lakhs Only) and Rs. 10,00,000/- (Rupees Ten Lakhs Only) at the time of first motion and second motion of the petition w/s 13-B of the Hindu Marriage Act respectively. The amount shall be paid by respondent-Shri Sumit in the name of petitioner-Archana by means of a bank draft duly drawn from a nationalized bank payable at Allahabad. Petitioner-Smt. Archana had agreed that the cash amount calculated for her Stridhan and other items had been included in the amount of alimony which she receives. d) That petitioner-Archana agrees that if she withdraw her consent from the petition w/s 13-B of the Hindu Marriage Act she agrees to refund the amount of Rs. 7,00,000/- (Rupees Seven Lakhs Only) received by her at the time of first motion of petition u/s 13-B of Hindu Marriage Act to respondent-Shri Sumit alongwith current market rate of interest as on that date, when she files an application for withdrawal of her consent in the petition u/s 13-B of the Hindu Marriage Act. Likewise respondent-Shri Sumit also agrees that if he withdraws his consent from the petition u/s 13-B of the Hindu Marriage Act, the amount of Rs. 7,00,000/- (Rupees Seven Lakhs Only) paid by respondent- Shri Sumit to petitioner -Smt. Archana shall stand forfeited in her favour and he cannot claim back the said amount of Rs. 7,00,000/- (Rupees Seven Lakhs Only). e) That parties had agreed that after the petition wis 13-B of Hindu Marriage Act is filed and the settled amount of alimony of Rs. 7,00,000/- (Rupees Seven Lakhs Only) paid to her at the time of first motion of the petition u/s 13-B of the Hindu Marriage Act. Both parties shall file application alongwith this settlement before the Hon'ble Court where the manur is pending praying the Hon'ble Court to keep the matter in abeyance till the decree of divorce is passed and entire amount of alimony is paid by respondent-Shri Sumit to petitioner-Smt. Archana and parties agree that after the decree of divorce is passed and entire amount of alimony as agreed is paid by respondent-Shri Sumit to petitioner-Smt. Archana parties shall file application for withdrawal of the cases initiated by them against each other or their family members and if the party initiating the ligation does not do so the other party shall have a right to file an application for withdrawal/setting aside or quashing of the said proceedings without any objection from the party initiating the litigation. f) That parties agrees that they shall not litigate with regard to their present matrimony in future and it shall be open for them to remarry after passing of Decree of Divorce. g) That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement. 8-By signing this Agreement the Parties hereto state that the Transfer Petition(s) (Civil) No. 2013 of 2021 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

4. It is further submitted that in pursuance of that agreement a divorce degree under Section 13-B of Hindu Marriage Act has also been granted, now the parties do not wish to litigate further.

5. Learned counsel for the opposite party no.2 clearly submitted that the parties have settled their dispute and settlement agreement has been entered into between the parties before the Mediation Centre, High Court, Allahabad on 29.10.2022, therefore, if the impugned proceeding is quashed then the opposite party no.2 will not have any objection.

6. Considering the fact that parties have settled their dispute and a settlement agreement was also entered into between the parties on 29.10.2022 before the Mediation Centre, High Court, Allahabad. 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 29.10.2022, the proceeding of the aforesaid case is hereby quashed.

8. The present petition is, accordingly, allowed. Order Date :- 10.1.2025 Jitendra JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

1. Heard Sri Ramesh Kumar Mishra, learned counsel for the applicants, Sri Brij Bihari Yadav, learned counsel for the opposite party no.2 as well as Ms. Harshita Rani, learned A.G.A. for the State and perused the record.

2. The present application has been filed to quash the impugned charge sheet dated 27.04.2019 as well as cognizance dated 28.04.2019 in Case No.400 of 2019 (State Vs. Sumit Yadav and others), arising out of Case Crime No.0615 of 2018, under Sections 498-A, 323, 504, 506, 406 I.P.C. and Section 3/4 D.P. Act, pending in the court of A.C.J.M., Court No.17, Prayagraj.

3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial in nature. The husband had filed divorce petition under Section 13 of Hind Marriage Act before the Family Court, Nagpur against which the opposite party no.2 had approached the Apex Court through Transfer Petition (Civil) No.2013 of 2021 to transfer the divorce petition from Maharashtra to U.P. The Apex Court considering the fact that dispute between the parties is matrimonial in nature referred their dispute to Mediation Centre, High Court, Allahabad by order dated 06.09.2022. In pursuance of that order, the parties had appeared before the Mediation Centre, High Court, Allahabad and a settlement agreement dated 29.10.2022 has been entered into between the parties, copy of the same has been annexed at page no.14 of the second supplementary affidavit dated 27.11.2024. Paragraph No.7 of the settlement agreement dated 29.10.2022 is being quoted as under:- "7. The following settlement has been arrived at between the Parties hereto:- a) That the petitioner-Smt. Archana and respondent- Shri Sumit have agreed to dissolve their marriage by filing a joint petition u/s 13-B of the Hindu Marriage Act in Family Court, Allahabad on/or before 30.11.2022 or at any other mutually agreed date between the parties. Both the parties agree that they shall not resile from the present proceeding in any manner whatsoever and take it to its logical conclusion. b) That in full and final settlement of all the financial claim of petitioner-Smt. Archana, respondent-Shri-Sumit has agreed to pay sum of Rs. 17,00,000/- (Rupees Seventeen Lakhs only) which was also agreed by petitioner-Smt, Archana and after receiving payment of this settled amount petitioner -Smt. Archana agrees that she shall not stake of any other claim of any nature whatsoever, claiming any further assistance/maintenance from the respondent-Shri Sumit. She also agrees that she shall not stake any claim in the property of respondent-Shri Sumit or his family members. c) That parties had agreed that this amount of Rs. 17,00,000/- (Rupees Seventeen Lakhs only) shall be paid by respondent-Shri Sumit to petitioner- Archana in two installments of Rs. 7,00,000/- (Rupees Seven Lakhs Only) and Rs. 10,00,000/- (Rupees Ten Lakhs Only) at the time of first motion and second motion of the petition w/s 13-B of the Hindu Marriage Act respectively. The amount shall be paid by respondent-Shri Sumit in the name of petitioner-Archana by means of a bank draft duly drawn from a nationalized bank payable at Allahabad. Petitioner-Smt. Archana had agreed that the cash amount calculated for her Stridhan and other items had been included in the amount of alimony which she receives. d) That petitioner-Archana agrees that if she withdraw her consent from the petition w/s 13-B of the Hindu Marriage Act she agrees to refund the amount of Rs. 7,00,000/- (Rupees Seven Lakhs Only) received by her at the time of first motion of petition u/s 13-B of Hindu Marriage Act to respondent-Shri Sumit alongwith current market rate of interest as on that date, when she files an application for withdrawal of her consent in the petition u/s 13-B of the Hindu Marriage Act. Likewise respondent-Shri Sumit also agrees that if he withdraws his consent from the petition u/s 13-B of the Hindu Marriage Act, the amount of Rs. 7,00,000/- (Rupees Seven Lakhs Only) paid by respondent- Shri Sumit to petitioner -Smt. Archana shall stand forfeited in her favour and he cannot claim back the said amount of Rs. 7,00,000/- (Rupees Seven Lakhs Only). e) That parties had agreed that after the petition wis 13-B of Hindu Marriage Act is filed and the settled amount of alimony of Rs. 7,00,000/- (Rupees Seven Lakhs Only) paid to her at the time of first motion of the petition u/s 13-B of the Hindu Marriage Act. Both parties shall file application alongwith this settlement before the Hon'ble Court where the manur is pending praying the Hon'ble Court to keep the matter in abeyance till the decree of divorce is passed and entire amount of alimony is paid by respondent-Shri Sumit to petitioner-Smt. Archana and parties agree that after the decree of divorce is passed and entire amount of alimony as agreed is paid by respondent-Shri Sumit to petitioner-Smt. Archana parties shall file application for withdrawal of the cases initiated by them against each other or their family members and if the party initiating the ligation does not do so the other party shall have a right to file an application for withdrawal/setting aside or quashing of the said proceedings without any objection from the party initiating the litigation. f) That parties agrees that they shall not litigate with regard to their present matrimony in future and it shall be open for them to remarry after passing of Decree of Divorce. g) That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement. 8-By signing this Agreement the Parties hereto state that the Transfer Petition(s) (Civil) No. 2013 of 2021 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

4. It is further submitted that in pursuance of that agreement a divorce degree under Section 13-B of Hindu Marriage Act has also been granted, now the parties do not wish to litigate further.

5. Learned counsel for the opposite party no.2 clearly submitted that the parties have settled their dispute and settlement agreement has been entered into between the parties before the Mediation Centre, High Court, Allahabad on 29.10.2022, therefore, if the impugned proceeding is quashed then the opposite party no.2 will not have any objection.

6. Considering the fact that parties have settled their dispute and a settlement agreement was also entered into between the parties on 29.10.2022 before the Mediation Centre, High Court, Allahabad. 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 29.10.2022, the proceeding of the aforesaid case is hereby quashed.

8. The present petition is, accordingly, allowed. Order Date :- 10.1.2025 Jitendra JITENDRA KUMAR PATEL High Court of Judicature at Allahabad