Pari Twinkle Kavya v. Gappu and others), under Sections

applicant and Sri S.P. Singh, learned State Law Officer for the State as well as Shri Kamlendra Singh Jadaun, counsel for opposite party no. 2.

2. This application under Section 528 BNSS has been filed by the applicant to quash the Complaint Case No.7644 of 2022 (Pari @ Twinkle @ Kavya Versus Gappu and others), under Sections 498A, 323, 504 I.P.C. and Section 4 D.P. Act, Police Station Dadri, District Gautam Budh Nagar, pending in the Court of A.C.J.M., Court No.1, Gautam Budh Nagar as well as impugned order dated

13.10.2022 passed by the learned A.C.J.M., Court No.1, Gautam Budh Nagar and impugned order dated 06.11.2023 passed by the learned Additional Sessions Judge Court No.3, District Gautam Budh Nagar in Criminal Revision No.437 of 2022 (Pari @ Twinkle @Kavya Versus State of U.P. and others).

3. This Court on 27.08.2024, proceeded to pass the following orders: "1. Heard Sri Vivek Kumar Singh, learned counsel for the applicants, Sri Sandeep Chaudhary and learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 13.10.2022 as well as the entire proceedings of Complaint Case No. 7644 of 2022 (Pari @ Twinkle @ Kavya vs. Gappu and others), under Sections 498A, 323, 504, IPC and Section 4 D.P. Act, P.S. Dadri, district Gautam Budh Nagar and the order dated 06.11.2023 passed by the learend Additional Sessions Judge, Court No.3, Gautam Budh Nagar in Criminal Revision No. 437 of 2022 (Pari @ Twinkle @ Kavya Vs. State of U.P. and others).

3. Learned counsel for the applicants submits that there is a matrimonial dispute between the applicant no.1 and the opposite party no.2 and due to which all the family members of the applicant no.1 have been implicated in the instant complaint case by the opposite party no.2. Learned counsel for the applicants submitted that there is every likelihood that the said dispute could be settled, if the matter is referred to the Mediation Centre of Allahabad High Court.

4. Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice, let an opportunity be granted to settle their disputes in an amicable and congenial way.

5. Under the circumstances, both the parties shall appear before the Mediation Centre and would explore the possibilities of settling the dispute.

6. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 55,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks from today. After deposit of the aforesaid amount, Mediation Centre shall send a notice to the opposite party no.2. Out of Rs. 55,000/-, Rs. 25,000/- shall be payable to the opposite party no.2 on her first appearance before the Mediation and Conciliation Centre, Rs. 25,000/- shall be paid to opposite party no.2 on her second appearance or on settlement of dispute, whichever is earlier and the remaining Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre.

7. The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties.

8. Thereafter, the case shall be listed on 03.12.2024 in the additional cause list along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

9. From the date of deposit of amount as directed herein above, no coercive steps shall be taken against the applicants in pursuance of the Complaint Case No. 7644 of 2022 (Pari @ Twinkle @ Kavya vs. Gappu and others), under Sections 498A, 323, 504, IPC and Section 4 D.P. Act, P.S. Dadri, district Gautam Budh Nagar and the order dated 06.11.2023 passed by the learend Additional Sessions Judge, Court No.3, Gautam Budh Nagar in Criminal Revision No. 437 of 2022 (Pari @ Twinkle @ Kavya Vs. State of U.P. and others).

10. However, it is provided that if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the instant application under Section 482 Cr.P.C. shall stand dismissed without further reference to the court."

4. There is a mediation report Annexure-E Form-5 to the Court dated 28.05.2025 which contains and settlement agreement of the Allahabad High Court Mediation and Conciliation Centres which reads as under: "a. That the parties have settled all their disputes in First Appeal No. 1183 of 2023, the terms and conditions of which are being transcribed below:- "a. That the parties have agreed to live separately and mutually settled to dissolve their marriage. b. That it has been agreed between the parties that in full and final settlement of all financial claims including one time permanent alimony, maintenance, Stridhan of wifel Smt. Kavya Chaudhary (Opposite Party) that may accrue against Gaurav Kumar (Appellant-husband), the Opposite Party shall be paid a permanent alimony including Stridhan to the tune of Rs.2,20,00, 000/-(Rs. Two Crore Twenty Lakh Only) by the Appellant-husband. After receiving this amount, Smt. Kavya Chaudhary (Opposite Party-wife) shall not stake any claim of any nature whatsoever in the property of Gaurav Kumar (Appellant- husband) or her in-laws and she also agrees that she shall not claim any further financial assistance from Gaurav Kumar (Appellant-husband) in any manner whatsoever. The aforesaid amount shall be paid in installments through demand drafis drawn in favor of Smt. Kavya Chaudhary (Opposite Party-wife). c. That on 20.03. 2025, Gaurav Kumar (Appellant-husband) had produced a demand draft bearing no.002930 dated 17.032025 drawn on HDFC Bank,for Rs.1, 10, 0, 000/-(Rs. One Crore Ten Lakh Only) issued in the name of Kavya Chaudhary (wife), which was kept on record in conmected case (Mediation Case No. 3658 of 2024) and the same has been handed over to Smt. Kavya Chaudhary (Opposine Party-wife) today i.e. 28.05.2025 and she has acknowledged the receipt of the same. d. That it has further been agreed between the parties that the remaining amount i.e. Rs.1,10,00,000/- (Rs, One Crore Ten Lakh Only) shall be paid by Gaurav Kumar (Appellant-husbandl) to Smt. Kavya Chaudhary (Opposite Party-wife) after submission of certified copies of withdrawals/orders of the cases whether criminal or civil filed by them against each other at the lime of final hearing in the instant First Appeal No. 1183 of 2023 before the Hon'ble Court. The details of the cases are mentioned hereinbelow:-

1. Crl. Revision No. 5955 of 2023 (Gaurav Kumar Vs. State of U. P and Another) pending before the Hon'ble High Court.

2. Criminal Revision No. 5765 of 2023 (Smt. Kavya @ Twincle vs. State of U. P. and Another) pending before the Hon'ble High Court.

3. Case No. 45084 of 2023, under Section 12 of D. V. Act, (Smt. Kavya vs. Gaurav Kumar) pending before the Civil Judge, (J. D.)/F.T.C.-1. Agra. e. That both the parties agree that after receipt of total amount of Rs.2.20,00,000/- (Rs. Two Crore Twenty Lakh Only) Smt. Kavya Chaudhary (Opposite Party-wife) shall not be entitled to any other financial claim of any nature whatsoever under any law or circumstances including the maintenance order vide judgment and decree dated 05.09.2023 in Criminal Misc. Case No. 871/2022 passed by the Family Court, Agra. f. That the parties agree that in case any other litigation or proceedings had been initiated against each other or their family Members which is not tabled above, shall also be withdrawn set-aside or got quashed in terms of this Settlement. Parties also agree that where party initiating the litigation does not withdraw the same: the Opposite Party shall have a right to file an application in terms of this Settlement annexing the copy thereof for setting- aside, quashing or withdrawal informing the Hon'ble Court that Settlement has been arrived between the parties and that case cannot proceed further. The parties or their family members initiating the litigation shall have no right to oppose the said application because of their inaction. g. That Smt. Kavya Chaudhary (Opposite Party-wife) has no objection, if the Hon'ble Court pleases to allow the present First Appeal No. 1183 of 2023 without taking into considerations the contentions raised by the parties in the divorce decree. h. That both the parties have finally agreed that in pursuance to the present Settlement they will not file any fresh cases against each other or their family members in respect of this matrimonial dispute. i. That the present Settlement may be made a part of the judgment and decree in the present case." b. That O. P. No.2 shall have no objection, if the Hon'ble Court pleases to allow the Application U/S 482 No. 21423 of 2024 in view of the present Settlement-Agreement. c. That both the parties have finally agreed that in pursuance to the present Settlement they will not file any fresh cases against each other or their family members in respect of this matrimonial dispute."

5. Learned counsel for the applicants submits that now the parties have entered into mediation and a part payment of Rs. 1,10,00,000/- have been paid and with respect to the residue amount, the same would be dependent upon the outcome of First Appeal No. 1183 of 2023.

6. Learned counsel for the opposite party no. 2 as well as learned State Law Officer do not dispute the said fact. According to them, now nothing remains to be further adjudicated.

7. Accordingly, the Court is of the opinion that now nothing remains to be further proceeded with.

8. Accordingly, the present application stands allowed, the Complaint Case No.7644 of 2022 (Pari @ Twinkle @ Kavya Versus Gappu and others), under Sections 498A, 323, 504 I.P.C. and Section 4 D.P. Act, Police Station Dadri, District Gautam Budh Nagar, pending in the Court of A.C.J.M., Court No.1, Gautam Budh Nagar as well as impugned order dated 13.10.2022 passed by the learned A.C.J.M., Court No.1, Gautam Budh Nagar and impugned order dated 06.11.2023 passed by the learned Additional Sessions Judge Court No.3, District Gautam Budh Nagar in Criminal Revision No.437 of 2022 (Pari @ Twinkle @Kavya Versus State of U.P. and others) stands quashed as against the applicants. Order Date :- 15.7.2025 A. Prajapati ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

applicant and Sri S.P. Singh, learned State Law Officer for the State as well as Shri Kamlendra Singh Jadaun, counsel for opposite party no. 2.

2. This application under Section 528 BNSS has been filed by the applicant to quash the Complaint Case No.7644 of 2022 (Pari @ Twinkle @ Kavya Versus Gappu and others), under Sections 498A, 323, 504 I.P.C. and Section 4 D.P. Act, Police Station Dadri, District Gautam Budh Nagar, pending in the Court of A.C.J.M., Court No.1, Gautam Budh Nagar as well as impugned order dated

13.10.2022 passed by the learned A.C.J.M., Court No.1, Gautam Budh Nagar and impugned order dated 06.11.2023 passed by the learned Additional Sessions Judge Court No.3, District Gautam Budh Nagar in Criminal Revision No.437 of 2022 (Pari @ Twinkle @Kavya Versus State of U.P. and others).

3. This Court on 27.08.2024, proceeded to pass the following orders: "1. Heard Sri Vivek Kumar Singh, learned counsel for the applicants, Sri Sandeep Chaudhary and learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 13.10.2022 as well as the entire proceedings of Complaint Case No. 7644 of 2022 (Pari @ Twinkle @ Kavya vs. Gappu and others), under Sections 498A, 323, 504, IPC and Section 4 D.P. Act, P.S. Dadri, district Gautam Budh Nagar and the order dated 06.11.2023 passed by the learend Additional Sessions Judge, Court No.3, Gautam Budh Nagar in Criminal Revision No. 437 of 2022 (Pari @ Twinkle @ Kavya Vs. State of U.P. and others).

3. Learned counsel for the applicants submits that there is a matrimonial dispute between the applicant no.1 and the opposite party no.2 and due to which all the family members of the applicant no.1 have been implicated in the instant complaint case by the opposite party no.2. Learned counsel for the applicants submitted that there is every likelihood that the said dispute could be settled, if the matter is referred to the Mediation Centre of Allahabad High Court.

4. Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice, let an opportunity be granted to settle their disputes in an amicable and congenial way.

5. Under the circumstances, both the parties shall appear before the Mediation Centre and would explore the possibilities of settling the dispute.

6. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 55,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks from today. After deposit of the aforesaid amount, Mediation Centre shall send a notice to the opposite party no.2. Out of Rs. 55,000/-, Rs. 25,000/- shall be payable to the opposite party no.2 on her first appearance before the Mediation and Conciliation Centre, Rs. 25,000/- shall be paid to opposite party no.2 on her second appearance or on settlement of dispute, whichever is earlier and the remaining Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre.

7. The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties.

8. Thereafter, the case shall be listed on 03.12.2024 in the additional cause list along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

9. From the date of deposit of amount as directed herein above, no coercive steps shall be taken against the applicants in pursuance of the Complaint Case No. 7644 of 2022 (Pari @ Twinkle @ Kavya vs. Gappu and others), under Sections 498A, 323, 504, IPC and Section 4 D.P. Act, P.S. Dadri, district Gautam Budh Nagar and the order dated 06.11.2023 passed by the learend Additional Sessions Judge, Court No.3, Gautam Budh Nagar in Criminal Revision No. 437 of 2022 (Pari @ Twinkle @ Kavya Vs. State of U.P. and others).

10. However, it is provided that if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the instant application under Section 482 Cr.P.C. shall stand dismissed without further reference to the court."

4. There is a mediation report Annexure-E Form-5 to the Court dated 28.05.2025 which contains and settlement agreement of the Allahabad High Court Mediation and Conciliation Centres which reads as under: "a. That the parties have settled all their disputes in First Appeal No. 1183 of 2023, the terms and conditions of which are being transcribed below:- "a. That the parties have agreed to live separately and mutually settled to dissolve their marriage. b. That it has been agreed between the parties that in full and final settlement of all financial claims including one time permanent alimony, maintenance, Stridhan of wifel Smt. Kavya Chaudhary (Opposite Party) that may accrue against Gaurav Kumar (Appellant-husband), the Opposite Party shall be paid a permanent alimony including Stridhan to the tune of Rs.2,20,00, 000/-(Rs. Two Crore Twenty Lakh Only) by the Appellant-husband. After receiving this amount, Smt. Kavya Chaudhary (Opposite Party-wife) shall not stake any claim of any nature whatsoever in the property of Gaurav Kumar (Appellant- husband) or her in-laws and she also agrees that she shall not claim any further financial assistance from Gaurav Kumar (Appellant-husband) in any manner whatsoever. The aforesaid amount shall be paid in installments through demand drafis drawn in favor of Smt. Kavya Chaudhary (Opposite Party-wife). c. That on 20.03. 2025, Gaurav Kumar (Appellant-husband) had produced a demand draft bearing no.002930 dated 17.032025 drawn on HDFC Bank,for Rs.1, 10, 0, 000/-(Rs. One Crore Ten Lakh Only) issued in the name of Kavya Chaudhary (wife), which was kept on record in conmected case (Mediation Case No. 3658 of 2024) and the same has been handed over to Smt. Kavya Chaudhary (Opposine Party-wife) today i.e. 28.05.2025 and she has acknowledged the receipt of the same. d. That it has further been agreed between the parties that the remaining amount i.e. Rs.1,10,00,000/- (Rs, One Crore Ten Lakh Only) shall be paid by Gaurav Kumar (Appellant-husbandl) to Smt. Kavya Chaudhary (Opposite Party-wife) after submission of certified copies of withdrawals/orders of the cases whether criminal or civil filed by them against each other at the lime of final hearing in the instant First Appeal No. 1183 of 2023 before the Hon'ble Court. The details of the cases are mentioned hereinbelow:-

1. Crl. Revision No. 5955 of 2023 (Gaurav Kumar Vs. State of U. P and Another) pending before the Hon'ble High Court.

2. Criminal Revision No. 5765 of 2023 (Smt. Kavya @ Twincle vs. State of U. P. and Another) pending before the Hon'ble High Court.

3. Case No. 45084 of 2023, under Section 12 of D. V. Act, (Smt. Kavya vs. Gaurav Kumar) pending before the Civil Judge, (J. D.)/F.T.C.-1. Agra. e. That both the parties agree that after receipt of total amount of Rs.2.20,00,000/- (Rs. Two Crore Twenty Lakh Only) Smt. Kavya Chaudhary (Opposite Party-wife) shall not be entitled to any other financial claim of any nature whatsoever under any law or circumstances including the maintenance order vide judgment and decree dated 05.09.2023 in Criminal Misc. Case No. 871/2022 passed by the Family Court, Agra. f. That the parties agree that in case any other litigation or proceedings had been initiated against each other or their family Members which is not tabled above, shall also be withdrawn set-aside or got quashed in terms of this Settlement. Parties also agree that where party initiating the litigation does not withdraw the same: the Opposite Party shall have a right to file an application in terms of this Settlement annexing the copy thereof for setting- aside, quashing or withdrawal informing the Hon'ble Court that Settlement has been arrived between the parties and that case cannot proceed further. The parties or their family members initiating the litigation shall have no right to oppose the said application because of their inaction. g. That Smt. Kavya Chaudhary (Opposite Party-wife) has no objection, if the Hon'ble Court pleases to allow the present First Appeal No. 1183 of 2023 without taking into considerations the contentions raised by the parties in the divorce decree. h. That both the parties have finally agreed that in pursuance to the present Settlement they will not file any fresh cases against each other or their family members in respect of this matrimonial dispute. i. That the present Settlement may be made a part of the judgment and decree in the present case." b. That O. P. No.2 shall have no objection, if the Hon'ble Court pleases to allow the Application U/S 482 No. 21423 of 2024 in view of the present Settlement-Agreement. c. That both the parties have finally agreed that in pursuance to the present Settlement they will not file any fresh cases against each other or their family members in respect of this matrimonial dispute."

5. Learned counsel for the applicants submits that now the parties have entered into mediation and a part payment of Rs. 1,10,00,000/- have been paid and with respect to the residue amount, the same would be dependent upon the outcome of First Appeal No. 1183 of 2023.

6. Learned counsel for the opposite party no. 2 as well as learned State Law Officer do not dispute the said fact. According to them, now nothing remains to be further adjudicated.

7. Accordingly, the Court is of the opinion that now nothing remains to be further proceeded with.

8. Accordingly, the present application stands allowed, the Complaint Case No.7644 of 2022 (Pari @ Twinkle @ Kavya Versus Gappu and others), under Sections 498A, 323, 504 I.P.C. and Section 4 D.P. Act, Police Station Dadri, District Gautam Budh Nagar, pending in the Court of A.C.J.M., Court No.1, Gautam Budh Nagar as well as impugned order dated 13.10.2022 passed by the learned A.C.J.M., Court No.1, Gautam Budh Nagar and impugned order dated 06.11.2023 passed by the learned Additional Sessions Judge Court No.3, District Gautam Budh Nagar in Criminal Revision No.437 of 2022 (Pari @ Twinkle @Kavya Versus State of U.P. and others) stands quashed as against the applicants. Order Date :- 15.7.2025 A. Prajapati ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad