Diksha Deeksha Gupta v. Ankit Gupta and others) U/s

3. Heard Sri Samrat Vikram Singh, learned counsel for the applicants, Sri Rajendra Kumar Srivastava, learned counsel for the opposite party no. 2 and Ms. Harshita Rani, learned A.G.A. for the State.

4. The present application has been filed to quash the entire proceedings against the applicants in Criminal Case No. 16322 of 2022, State Vs. Mahesh Chandra Gupta @ Ors, arising out of Case Crime No. 40 of 2022, u/s 498-A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Rasoolpur, District- Firozabad, and the order dated

22.02.2024 passed under Section 319 Cr.P.C. in Criminal Case No. 16322 of 2022 pending in the court of Chief Judicial Magistrate, Firozabad, District- Firozabad.

5. Facts giving rise to the present controversy is that applicant no. 6 is husband of opposite party no.2 and matrimonial discord between them has culminated into present proceedings.

6. Learned counsel for the applicants as well as learned counsel for the opposite party no. 2 have jointly submitted that parties have settled their dispute amicably and in another complaint filed by opposite party no. 2 against the present applicants u/s 406, 504, 506 I.P.C, the matter was referred to Mediation Centre, High Court, Allahabad by this Court in Application U/S 482 No. 24339 of 2024 vide order dated 11.04.2025. 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 dated 09.04.2025 was also entered into between the parties. Paragraph no. 7 of the settlement agreement dated 09.04.2025 is being quoted as under: "7. In view of the Interim Settlement dated 12.03.2025, the following settlement has been arrived at between the Parties hereto:- (a) That both the parties agree that the present dispute is an offshoot of matrimonial discord between the parties. (b) That the parties have already settled their dispute and decided to dissolve their marriage and in this regard, on 19.03.2025 they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Firozabad, which is registered as Marriage Petition No. 283 of 2025. The parties shall produce the certified copies of the aforesaid divorce petition and order-sheet at the time of hearing before the Hon'ble Court. The parties agree that they shall not resile from the settlement/divorce petition, in any manner whatsoever and take it to its logical conclusion without causing unnecessary impediments. (c) That it has been agreed between the parties that the husband shall pay full and final settlement amount of Rs. 10,00,000/- (Rupees Ten Lakh only) to the wife towards permanent alimony including Stridhan and all her other financial claims. The aforesaid amount shall be paid by way of demand draft drawn in her favour. (d) That as per Para 7 (d) of the Interim Settlement dated 12.03.2025, the husband had produced two demand drafts bearing D.D. No.039065 dated 15.02.2025 for Rs. 1,00,000/- and D.D. No.039114 dated 10.03.2025 for Rs.2,00,000/- (total Rs.3,00,000/-) drawn on Axis Bank Ltd. in favour of Deeksha Gupta (wife), which were kept on record and today ie. 09.04.2025 the same are being handed over to Smt. Deeksha Gupta (O.P. No.2-Wife) and she has acknowledged the receipt of the same. (e) That as decided in Para 7 (e) of the Interim settlement dated 12.03.2025, today ie. 09.04.2025, the husband has handed over a demand draft to the O.P. No.2 bearing D.D. No. 039160 dated 07.04.2025 for Rs.2,00,000/-(Rupees Two Lakhs only) drawn on Axis Bank Ltd. in favour of Deeksha Gupta (wife) and OP. No.2 has acknowledged the receipt of the same. (f) That it has also been agreed between the parties that they shall not withdraw their consent from the aforesaid divroce petition, in case husband withdraws his consent the amount of Rs.5,00,000/- received by the wife shall stands forfeited in her favour and in case wife withdraws her consent from the said divorce petition, she would be liable to return the amount of Rs.5,00,000/- along with the current market rate of interest to the Husband. (g) That it has been agreed between the parties that the remaining amount i.e. Rs 5,00,000/- (Rupees Five Lakhs only) shall be paid by Ankit Gupta (Applicant No.3-Husband) to Smt. Deeksha Gupta (O.P. No.2-Wife) at the time of final judgment in Marriage Petition No. 283 of 2025 pending in Family Court, Firozabad by way of demand draft. (h) That it has been agreed between the parties that they shall move withdrawal Application in their respective pending cases and undertake to produce the certified copy of the said withdrawal applications at the time of hearing before the Hon'ble Court. The details of the cases are herein below; Case No.354/2024 (Diksha @ Deeksha Gupta vs. Ankit Gupta and others) U/s 12, 18, 19, 20, 21 and 22 of Protection of Women from Domestic Violence Act, pending before Addl. Chief Judicial Magistrate, Court Firozabad. Case No. 16322/2022 (State of U.P. vs. Mahesh Chandra Gupta) U/s 498A, 323 IPC and D.P. Act., pending before Addl. Chief Judicial Magistrate, Court Firozabad. Case NO. 57/2023 (Diksha @ Deeksha Gupta vs. Mahesh Chandra Gupta) u/s 406, 504 and 506 IPC pending before Addl. Chief Judicial Magistrate, Court Firozabad. Case No. 740/2024 (Ankit Gupta vs. Deeksha Gupta) U/s 380, 509 and 34 IPC pending before Chief Metropolitan Magistrate Court, Karkardooma, Delhi. Case No. 1519/2024 (Manju Gupta vs. Deeksha Gupta) U/s 12 of D.V. Act pending before Chief Judicial Magistrate (C.JM) Court, Karkardooma, Delhi. Case No.461/2024 (Ankit Gupta vs. Deeksha Gupta) U/s 13 (1) (IA) of H.M. Act pending before Family Court, Karkardooma, Delhi. (i) That it has been agreed between the parties that apart from the cases mentioned above, all civil and criminal cases, if any, 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 within two months. (j) 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. (k) 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."

7. Considering the fact that parties have settled their dispute and in a separate proceeding, matter was referred to Mediation Centre, High Court, Allahabad, wherein the parties have entered into a settlement agreement dated

09.04.2025 and as per the settlement agreement, parties have also decided to terminate/withdraw the impugned proceeding, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice.

8. 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 09.04.2025, the proceeding of the aforesaid case is hereby quashed.

9. The present application is, accordingly, allowed. Order Date :- 16.4.2025 KS KISHAN SINHA High Court of Judicature at Allahabad

3. Heard Sri Samrat Vikram Singh, learned counsel for the applicants, Sri Rajendra Kumar Srivastava, learned counsel for the opposite party no. 2 and Ms. Harshita Rani, learned A.G.A. for the State.

4. The present application has been filed to quash the entire proceedings against the applicants in Criminal Case No. 16322 of 2022, State Vs. Mahesh Chandra Gupta @ Ors, arising out of Case Crime No. 40 of 2022, u/s 498-A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Rasoolpur, District- Firozabad, and the order dated

22.02.2024 passed under Section 319 Cr.P.C. in Criminal Case No. 16322 of 2022 pending in the court of Chief Judicial Magistrate, Firozabad, District- Firozabad.

5. Facts giving rise to the present controversy is that applicant no. 6 is husband of opposite party no.2 and matrimonial discord between them has culminated into present proceedings.

6. Learned counsel for the applicants as well as learned counsel for the opposite party no. 2 have jointly submitted that parties have settled their dispute amicably and in another complaint filed by opposite party no. 2 against the present applicants u/s 406, 504, 506 I.P.C, the matter was referred to Mediation Centre, High Court, Allahabad by this Court in Application U/S 482 No. 24339 of 2024 vide order dated 11.04.2025. 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 dated 09.04.2025 was also entered into between the parties. Paragraph no. 7 of the settlement agreement dated 09.04.2025 is being quoted as under: "7. In view of the Interim Settlement dated 12.03.2025, the following settlement has been arrived at between the Parties hereto:- (a) That both the parties agree that the present dispute is an offshoot of matrimonial discord between the parties. (b) That the parties have already settled their dispute and decided to dissolve their marriage and in this regard, on 19.03.2025 they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Firozabad, which is registered as Marriage Petition No. 283 of 2025. The parties shall produce the certified copies of the aforesaid divorce petition and order-sheet at the time of hearing before the Hon'ble Court. The parties agree that they shall not resile from the settlement/divorce petition, in any manner whatsoever and take it to its logical conclusion without causing unnecessary impediments. (c) That it has been agreed between the parties that the husband shall pay full and final settlement amount of Rs. 10,00,000/- (Rupees Ten Lakh only) to the wife towards permanent alimony including Stridhan and all her other financial claims. The aforesaid amount shall be paid by way of demand draft drawn in her favour. (d) That as per Para 7 (d) of the Interim Settlement dated 12.03.2025, the husband had produced two demand drafts bearing D.D. No.039065 dated 15.02.2025 for Rs. 1,00,000/- and D.D. No.039114 dated 10.03.2025 for Rs.2,00,000/- (total Rs.3,00,000/-) drawn on Axis Bank Ltd. in favour of Deeksha Gupta (wife), which were kept on record and today ie. 09.04.2025 the same are being handed over to Smt. Deeksha Gupta (O.P. No.2-Wife) and she has acknowledged the receipt of the same. (e) That as decided in Para 7 (e) of the Interim settlement dated 12.03.2025, today ie. 09.04.2025, the husband has handed over a demand draft to the O.P. No.2 bearing D.D. No. 039160 dated 07.04.2025 for Rs.2,00,000/-(Rupees Two Lakhs only) drawn on Axis Bank Ltd. in favour of Deeksha Gupta (wife) and OP. No.2 has acknowledged the receipt of the same. (f) That it has also been agreed between the parties that they shall not withdraw their consent from the aforesaid divroce petition, in case husband withdraws his consent the amount of Rs.5,00,000/- received by the wife shall stands forfeited in her favour and in case wife withdraws her consent from the said divorce petition, she would be liable to return the amount of Rs.5,00,000/- along with the current market rate of interest to the Husband. (g) That it has been agreed between the parties that the remaining amount i.e. Rs 5,00,000/- (Rupees Five Lakhs only) shall be paid by Ankit Gupta (Applicant No.3-Husband) to Smt. Deeksha Gupta (O.P. No.2-Wife) at the time of final judgment in Marriage Petition No. 283 of 2025 pending in Family Court, Firozabad by way of demand draft. (h) That it has been agreed between the parties that they shall move withdrawal Application in their respective pending cases and undertake to produce the certified copy of the said withdrawal applications at the time of hearing before the Hon'ble Court. The details of the cases are herein below; Case No.354/2024 (Diksha @ Deeksha Gupta vs. Ankit Gupta and others) U/s 12, 18, 19, 20, 21 and 22 of Protection of Women from Domestic Violence Act, pending before Addl. Chief Judicial Magistrate, Court Firozabad. Case No. 16322/2022 (State of U.P. vs. Mahesh Chandra Gupta) U/s 498A, 323 IPC and D.P. Act., pending before Addl. Chief Judicial Magistrate, Court Firozabad. Case NO. 57/2023 (Diksha @ Deeksha Gupta vs. Mahesh Chandra Gupta) u/s 406, 504 and 506 IPC pending before Addl. Chief Judicial Magistrate, Court Firozabad. Case No. 740/2024 (Ankit Gupta vs. Deeksha Gupta) U/s 380, 509 and 34 IPC pending before Chief Metropolitan Magistrate Court, Karkardooma, Delhi. Case No. 1519/2024 (Manju Gupta vs. Deeksha Gupta) U/s 12 of D.V. Act pending before Chief Judicial Magistrate (C.JM) Court, Karkardooma, Delhi. Case No.461/2024 (Ankit Gupta vs. Deeksha Gupta) U/s 13 (1) (IA) of H.M. Act pending before Family Court, Karkardooma, Delhi. (i) That it has been agreed between the parties that apart from the cases mentioned above, all civil and criminal cases, if any, 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 within two months. (j) 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. (k) 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."

7. Considering the fact that parties have settled their dispute and in a separate proceeding, matter was referred to Mediation Centre, High Court, Allahabad, wherein the parties have entered into a settlement agreement dated

09.04.2025 and as per the settlement agreement, parties have also decided to terminate/withdraw the impugned proceeding, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice.

8. 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 09.04.2025, the proceeding of the aforesaid case is hereby quashed.

9. The present application is, accordingly, allowed. Order Date :- 16.4.2025 KS KISHAN SINHA High Court of Judicature at Allahabad