High Court · 2025

Order

"1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 03.08.2022 as well as the entire proceedings of Complaint Case No. 537 of 2019 (Sonam Vs. Anand Pandey and Others), under Sections- 498A, 323 IPC and Section 4 of Dowry Prohibition Act, Police Station- Gursahaiganj, District- Kannauj , pending in the court of Judicial Magistrate, Kannauj.

3. Learned counsel for the applicants submits that the dispute pertains to matrimonial. Applicants have also filed a suit under Section 9 of Hindu Marriage Act for restitution of conjugal rights. There is chances to settle the matter between the parties if the matter is being referred to Mediation Centre.

4. At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it further appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.

5. It is directed that applicants shall deposit a sum of Rs. 30,000/- within three weeks from today with the Mediation Centre of which Rs. 25,000/- shall be paid to the opposite party no. 2 for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs. 5,000/- shall be retained by the mediation center towards its expenses.

6. The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties.

7. It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench.

8. Subject to the applicants depositing the amount of Rs. 30,000/- as above, till the next date of listing, further proceedings against the applicants in the aforesaid case shall be kept in abeyance.

9. After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated. "

4. Thereafter on 22.01.2025 the following order was passed: "1. Heard Sri Lavkush Kumar Bhatt, learned counsel for the applicants, Sri Dileep Singh Yadav, learned counsel for the opposite party no. 2 and Sri Mohd. Shoeb Khan, learned A.G.A. for the State.

2. From the perusal of the record, it appears that this matter was referred to the Mediation Centre of this Court vide order dated 27.06.2024. Though interim settlement was also entered between the parties on 21.11.2024 but finally mediation has failed.

3. Learned counsel for the applicants has submitted that there are chances of mediation and applicant no.1 is ready to keep opposite party no. 2 respectfully as his wife.

4. Considering the aforesaid submissions, put up this case on 06.02.2025.

5. On that date, applicant no.1 as well as opposite party no. 2 will appear in person before this Court. The applicants will pay Rs.5,000/- to the opposite party no. 2 towards her travelling expenses."

5. On 06.02.2025 the following order was passed: "1. Heard Shri Lavkush Kumar Bhatt, learned counsel for the applicant, Shri Dileep Singh Yadav, learned counsel for the opposite party no. 2 and Shri Ramesh Kumar, learned A.G.A. for the State.

2. In pursuance of the earlier order dated 22.01.2025, applicant no. 1 as well as opposite party no. 2 are present in person before this Court and as per direction of this Court vide order dated 22.01.2025, applicant no. 1 has paid Rs. 5000/- in cash to opposite party no. 2.

3. After hearing the arguments of both the parties in person, it appears that opposite party no. 2 is not ready to leave with the applicant no. 1, she wants separation therefore, after some deliberations and persuasion on the part of the Court, opposite party no. 2 agreed to settle the dispute with the condition that the applicant no. 1 pays permanent alimony of Rs. 5 lac.

4. Learned counsel for the applicant seeks time to inform to the Court about the mode of payment.

5. Put up this case on 17.02.2025, on that date parties will appear again personally before this Court.

6. Interim order, granted earlier, is extended till the next date of listing."

6. On 24.02.2025 the following order was passed: "1. Heard learned counsel for the parties.

2. In pursuance of the earlier order dated 06.02.2025, Ms. Sonam Pandey, opposite party no. 2 is present before this Court.

3. Learned counsel for the applicants has produced the photo copy of draft of Rs. 1 lac dated 13.02.2025, issued by S.B.I., Fatehgarh (District- Farrukhabad) bearing no. 008586, prepared in favour of the Registrar, Mediation Centre Allahabad, High Court, Allahabad, today in the Court, is taken on record.

4. It is jointly submitted by learned counsel for the applicants as well as counsel for the opposite party no. 2 that parties have settled their dispute and amount of Rs. 5 lac has been determined as permanent alimony as a full and final settlement between the parties. It is also submitted by counsel for the parties that parties will withdraw the cases against each other and also file an application under Section 13B of Hindu Marriage Act as per terms and conditions, to be decided before the Mediation Centre.

5. In view of above, put up this matter before the mediation centre on 02.03.2025, on that date applicant as well as opposite party no. 2 will appear in person before the mediation centre and will sign on the settlement agreement before the mediator. It is further provided that on that date the applicant will deposit the aforesaid draft of Rs. 1 lac before the mediation centre and that amount shall be paid to the opposite party no. 2 by the mediation centre. Remaining Rs. 4 lac will be paid as per terms and condition of settlement agreement, which is to be executed before the mediation centre on the next date fixed.

6. Put up this case on 10.03.2025.

7. Interim order, granted earlier, is extended till the next date of listing. "

7. On 10.03.2025 the following order was passed: "1. Heard Sri Lavkush Kumar Bhatt, learned counsel for the applicants, Sri Amrish Kumar Yadav, Advocate, holding brief of Sri Dileep Singh Yadav, learned counsel for the opposite party no. 2 and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.

2. It is jointly submitted by learned counsel for the parties that in pursuance of order dated 24.02.2025 of this Court, parties have appeared before the Mediation Centre, High Court, Allahabad and also signed the interim settlement. In pursuance thereof, applicant no. 1 and opposite party no. 2 are required to file application u/s 13-B of Hindu Marriage Act.

3. As per learned counsel for the opposite party no. 2, the aforesaid application would be filed within three days before the concerned Family Court. It is further informed by learned counsel for the parties that the next date fixed before the Mediation Centre is 30.03.2025.

4. In view of the above, put up this case in the week commencing 07.04.2025 along with the report of Mediation Centre.

5. Interim order, granted earlier, shall continue till the next date of listing. "

8. As per the record there happens to be Annexure-E form (5) report dated 13.04.2025 wherein the mediation has been successful and as per the same, the following has been observed: "7. अअतररम समझझतत ददनतअक 02.03.2025 कक अननसतर वतदकतररयय कक बबच मम दनमनलललखत समझझतत समपन हहआ हहह- क. यह दक ददनद पकय नक आपसब सहमदत सक यह दनररय ललयत थत दक ददनद पक अलग- अलग रहनत चतहतक हह तथत दववतह दवचछकद करनत चतहतक हह लजसकक ललए ददनय पकय नक आपसब सहमदत सक नयतयतलय शबमतनन पधतन नयतयतधबश, पररवतर नयतयतलय, कनझज कक समक दहनदन दववतह अलधदनयम दक धतरत 13- बब कक अनतगरत एक दववतह दवचछकद यतदचकत (एच. एम. ए. वतद स. 133/2025) दतलखल दकयत हह, लजसकक पमतदरत पदत ददनद पक अगलब सननवतई कक समय मतननबय नयतयतलय कक समक पसतनत करकगम। ख. यह दक ददनय पकय कक बबच यह समझझतत हहआ थत दक पदत अपनब पतनब कद र.5,00,000/- ( पतपच लतख मतत) कक रतदश दकगत, लजसमम सबधन तथत भरर- पदषर भब शतदमल हह। उपरदक रतदश पदत दडमतणड डड तफट कक जररयक पतनब कद अदत करकगत। उक रतदश मम मतननबय नयतयतलय कक आदकश ददनतअक 24.02.2025 कक अननसतर मधयसथतत कम द मम जमत कक गई रतदश भब शतदमल हदगब। ग. यह दक मतननबय नयतयतलय कक आदकशतननसतर ददनतक 02.03.2025 कद आननद पतणडकय वतदब सअ.1 नक मधयसथतत कम द कक समक एक लतख रपयक कक रतदश जमत दकयत थत लजसक शबमतब सदनम ( पदतवतदब स. 2 पतनब) उदचत आवकदन कर मधयसथतत कम द सक पतप कर लकगग। घ. यह दक आज ददनतअक 13.04.2025 कद र.1,50,000/- (र. एक लतख पचतस हजतर मतत) कत एक दडमतणड डड तफट सअखयत 008690, भतरतबय सटकट बहक दतरत ददनतअक 02.04.2025 कद (Sonam Pandey) कक नतम जतरब, वतदब सअ.1-पदत दतरत शबमतब सदनम ( पदतवतदब स. 2) कद ददयत जत रहत हह लजसकक पतदप पदतवतदब स.2 सनदनदशत करतब हह। ङ. यह दक बकतयत रतदश अथतरतन र. 2,50,000/- (र. दद लतख पचतस हजतर मतत) आननद पतणडकय ( वतदब सअ.1-पदत) दतरत शबमतब सदनम ( पदतवतदब स. 2- पतनब) कद शबमतन पधतन नयतयतधबश, पररवतर नयतयतलय, कनझज कक समक उपरदक दववतह दवचछकद यतदचकत (एच. एम. ए. वतद स. 133/2025) कक अअदतम दनररय कक समय दडमतणड डड तफट कक मतधयम सक अदत करकगत। च. यह दक ददनद पक एक ददसरक कक दवरद पअजबकक त/ दवचतरतधबन समसत (लसदवल/दकदमनल) वतदद कद वतपस समतप करत लमगक, लजसकक पमतदरत पदत ददनद पक अगलब सननवतई कक समय मतननबय नयतयतलय कक समक पसतनत करकगम । यह दक ददनद पक एक ददसरक कक लखलतफ, छ. नयत वतद दतयर नहब करमगक।" इस वहवतदहक वतद कक सअनदभर मम कदई

9. Learned counsel for the opposite party no.2 has made a statement at bar that the opposite party no.2 has received an amount of Rs. 2.50 lac and so far as the recedue of 2.50 lac is concerned, the same would be at the time of the decision in the case no. 133 of 2025.

10. Learned counsel for opposite party no2 submits that the proceedings be quashed as now nothing remains to be further adjudicated.

11. Learned AGA as well as learned counsel appearing for opposite party no.2 have no objection to the same.

12. Accordingly, the application is allowed.

13. The proceedings of the summoning order dated 03.08.2022 in complaint case no. 537 of 2019 (Sonam vs. Anand Pandey and Ors) U/s 498A, 323 IPC and Section 4 D.P. Act, P.S. Gursahaiganj, District Kannauj pending in the court of Judicial Magistrate, Kannauj against the applicants be quashed. Order Date :- 26.5.2025 /C. MANI (Vikas Budhwar,J.) CHANDRAMANI VERMA CHANDRAMANI VERMA High Court of Judicature at Allahabad High Court of Judicature at Allahabad

6. The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties.

7. It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench.

8. Subject to the applicants depositing the amount of Rs. 30,000/- as above, till the next date of listing, further proceedings against the applicants in the aforesaid case shall be kept in abeyance.

9. After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated. "

4. Thereafter on 22.01.2025 the following order was passed: "1. Heard Sri Lavkush Kumar Bhatt, learned counsel for the applicants, Sri Dileep Singh Yadav, learned counsel for the opposite party no. 2 and Sri Mohd. Shoeb Khan, learned A.G.A. for the State.

2. From the perusal of the record, it appears that this matter was referred to the Mediation Centre of this Court vide order dated 27.06.2024. Though interim settlement was also entered between the parties on 21.11.2024 but finally mediation has failed.

3. Learned counsel for the applicants has submitted that there are chances of mediation and applicant no.1 is ready to keep opposite party no. 2 respectfully as his wife.

4. Considering the aforesaid submissions, put up this case on 06.02.2025.

5. On that date, applicant no.1 as well as opposite party no. 2 will appear in person before this Court. The applicants will pay Rs.5,000/- to the opposite party no. 2 towards her travelling expenses."

5. On 06.02.2025 the following order was passed: "1. Heard Shri Lavkush Kumar Bhatt, learned counsel for the applicant, Shri Dileep Singh Yadav, learned counsel for the opposite party no. 2 and Shri Ramesh Kumar, learned A.G.A. for the State.

2. In pursuance of the earlier order dated 22.01.2025, applicant no. 1 as well as opposite party no. 2 are present in person before this Court and as per direction of this Court vide order dated 22.01.2025, applicant no. 1 has paid Rs. 5000/- in cash to opposite party no. 2.

3. After hearing the arguments of both the parties in person, it appears that opposite party no. 2 is not ready to leave with the applicant no. 1, she wants separation therefore, after some deliberations and persuasion on the part of the Court, opposite party no. 2 agreed to settle the dispute with the condition that the applicant no. 1 pays permanent alimony of Rs. 5 lac.

4. Learned counsel for the applicant seeks time to inform to the Court about the mode of payment.

5. Put up this case on 17.02.2025, on that date parties will appear again personally before this Court.

6. Interim order, granted earlier, is extended till the next date of listing."

6. On 24.02.2025 the following order was passed: "1. Heard learned counsel for the parties.

2. In pursuance of the earlier order dated 06.02.2025, Ms. Sonam Pandey, opposite party no. 2 is present before this Court.

3. Learned counsel for the applicants has produced the photo copy of draft of Rs. 1 lac dated 13.02.2025, issued by S.B.I., Fatehgarh (District- Farrukhabad) bearing no. 008586, prepared in favour of the Registrar, Mediation Centre Allahabad, High Court, Allahabad, today in the Court, is taken on record.

4. It is jointly submitted by learned counsel for the applicants as well as counsel for the opposite party no. 2 that parties have settled their dispute and amount of Rs. 5 lac has been determined as permanent alimony as a full and final settlement between the parties. It is also submitted by counsel for the parties that parties will withdraw the cases against each other and also file an application under Section 13B of Hindu Marriage Act as per terms and conditions, to be decided before the Mediation Centre.

5. In view of above, put up this matter before the mediation centre on 02.03.2025, on that date applicant as well as opposite party no. 2 will appear in person before the mediation centre and will sign on the settlement agreement before the mediator. It is further provided that on that date the applicant will deposit the aforesaid draft of Rs. 1 lac before the mediation centre and that amount shall be paid to the opposite party no. 2 by the mediation centre. Remaining Rs. 4 lac will be paid as per terms and condition of settlement agreement, which is to be executed before the mediation centre on the next date fixed.

6. Put up this case on 10.03.2025.

7. Interim order, granted earlier, is extended till the next date of listing. "

7. On 10.03.2025 the following order was passed: "1. Heard Sri Lavkush Kumar Bhatt, learned counsel for the applicants, Sri Amrish Kumar Yadav, Advocate, holding brief of Sri Dileep Singh Yadav, learned counsel for the opposite party no. 2 and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.

2. It is jointly submitted by learned counsel for the parties that in pursuance of order dated 24.02.2025 of this Court, parties have appeared before the Mediation Centre, High Court, Allahabad and also signed the interim settlement. In pursuance thereof, applicant no. 1 and opposite party no. 2 are required to file application u/s 13-B of Hindu Marriage Act.

3. As per learned counsel for the opposite party no. 2, the aforesaid application would be filed within three days before the concerned Family Court. It is further informed by learned counsel for the parties that the next date fixed before the Mediation Centre is 30.03.2025.

4. In view of the above, put up this case in the week commencing 07.04.2025 along with the report of Mediation Centre.

5. Interim order, granted earlier, shall continue till the next date of listing. "

8. As per the record there happens to be Annexure-E form (5) report dated 13.04.2025 wherein the mediation has been successful and as per the same, the following has been observed: "7. अअतररम समझझतत ददनतअक 02.03.2025 कक अननसतर वतदकतररयय कक बबच मम दनमनलललखत समझझतत समपन हहआ हहह- क. यह दक ददनद पकय नक आपसब सहमदत सक यह दनररय ललयत थत दक ददनद पक अलग- अलग रहनत चतहतक हह तथत दववतह दवचछकद करनत चतहतक हह लजसकक ललए ददनय पकय नक आपसब सहमदत सक नयतयतलय शबमतनन पधतन नयतयतधबश, पररवतर नयतयतलय, कनझज कक समक दहनदन दववतह अलधदनयम दक धतरत 13- बब कक अनतगरत एक दववतह दवचछकद यतदचकत (एच. एम. ए. वतद स. 133/2025) दतलखल दकयत हह, लजसकक पमतदरत पदत ददनद पक अगलब सननवतई कक समय मतननबय नयतयतलय कक समक पसतनत करकगम। ख. यह दक ददनय पकय कक बबच यह समझझतत हहआ थत दक पदत अपनब पतनब कद र.5,00,000/- ( पतपच लतख मतत) कक रतदश दकगत, लजसमम सबधन तथत भरर- पदषर भब शतदमल हह। उपरदक रतदश पदत दडमतणड डड तफट कक जररयक पतनब कद अदत करकगत। उक रतदश मम मतननबय नयतयतलय कक आदकश ददनतअक 24.02.2025 कक अननसतर मधयसथतत कम द मम जमत कक गई रतदश भब शतदमल हदगब। ग. यह दक मतननबय नयतयतलय कक आदकशतननसतर ददनतक 02.03.2025 कद आननद पतणडकय वतदब सअ.1 नक मधयसथतत कम द कक समक एक लतख रपयक कक रतदश जमत दकयत थत लजसक शबमतब सदनम ( पदतवतदब स. 2 पतनब) उदचत आवकदन कर मधयसथतत कम द सक पतप कर लकगग। घ. यह दक आज ददनतअक 13.04.2025 कद र.1,50,000/- (र. एक लतख पचतस हजतर मतत) कत एक दडमतणड डड तफट सअखयत 008690, भतरतबय सटकट बहक दतरत ददनतअक 02.04.2025 कद (Sonam Pandey) कक नतम जतरब, वतदब सअ.1-पदत दतरत शबमतब सदनम ( पदतवतदब स. 2) कद ददयत जत रहत हह लजसकक पतदप पदतवतदब स.2 सनदनदशत करतब हह। ङ. यह दक बकतयत रतदश अथतरतन र. 2,50,000/- (र. दद लतख पचतस हजतर मतत) आननद पतणडकय ( वतदब सअ.1-पदत) दतरत शबमतब सदनम ( पदतवतदब स. 2- पतनब) कद शबमतन पधतन नयतयतधबश, पररवतर नयतयतलय, कनझज कक समक उपरदक दववतह दवचछकद यतदचकत (एच. एम. ए. वतद स. 133/2025) कक अअदतम दनररय कक समय दडमतणड डड तफट कक मतधयम सक अदत करकगत। च. यह दक ददनद पक एक ददसरक कक दवरद पअजबकक त/ दवचतरतधबन समसत (लसदवल/दकदमनल) वतदद कद वतपस समतप करत लमगक, लजसकक पमतदरत पदत ददनद पक अगलब सननवतई कक समय मतननबय नयतयतलय कक समक पसतनत करकगम । यह दक ददनद पक एक ददसरक कक लखलतफ, छ. नयत वतद दतयर नहब करमगक।" इस वहवतदहक वतद कक सअनदभर मम कदई

9. Learned counsel for the opposite party no.2 has made a statement at bar that the opposite party no.2 has received an amount of Rs. 2.50 lac and so far as the recedue of 2.50 lac is concerned, the same would be at the time of the decision in the case no. 133 of 2025.

10. Learned counsel for opposite party no2 submits that the proceedings be quashed as now nothing remains to be further adjudicated.

11. Learned AGA as well as learned counsel appearing for opposite party no.2 have no objection to the same.

12. Accordingly, the application is allowed.

13. The proceedings of the summoning order dated 03.08.2022 in complaint case no. 537 of 2019 (Sonam vs. Anand Pandey and Ors) U/s 498A, 323 IPC and Section 4 D.P. Act, P.S. Gursahaiganj, District Kannauj pending in the court of Judicial Magistrate, Kannauj against the applicants be quashed. Order Date :- 26.5.2025 /C. MANI (Vikas Budhwar,J.) CHANDRAMANI VERMA CHANDRAMANI VERMA High Court of Judicature at Allahabad High Court of Judicature at Allahabad