Akash Singh And 2 Others v. State of U.P & Anr.
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 323, 498A, 504, 506
- Hindu Marriage Act, 1955
Key paragraphs
- Para 88. 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…
Judgment
Heard Sri V.K. Agnihotri, learned counsel for the applicants and Ms. Harshita Rani, learned A.G.A. for the State.
The instant application has been filed seeking quashing of the charge-sheet dated 05.01.2024 and cognizance/ summoning order dated 23.05.2024 as well as entire proceeding in pursuance of Case No.3129 of 2024 arising out of Case Crime No. 89 of 2023, under Section 323, 504, 506, 498A IPC and 3/4 D.P. Act, P.S. Nawabganj, District Farrukhabad.
The fact, giving rise to the present case, is that a matrimonial discord between applicant No.1 and opposite party No.2 has culminated into the impugned proceeding.
This court considering the fact that dispute is purely matrimonial in nature has referred this matter to the Mediation Centre vide order dated 24.7.2024. In pursuance of orders of this Court, both the parties have participated in the mediation proceedings before the Mediation Centre, High Court, Allahabad which was also resulted into settlement agreement dated 26.3.2025. A request is made that the impugned proceedings may be quashed on the basis of settlement agreement.
From the perusal of the report of Mediation Centre of this Court dated 26.3.2025, it is explicit the parties have settled their dispute amicably and the settlement agreement dated 26.3.2025 has also been entered into. Paragraph- 7 of the settlement agreement dated 26.3.2025 is being quoted as under : "(a) That the parties have already settled their dispute and decided to -dissolve their marriage and in this regard, on 21.03.2025 they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Farrukhabad, which is registered as Marriage Petition No.194 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.
(b) That it has been agreed between the parties that the husband shall pay full and final settlement amount of Rs.14,00,000/- (Rupees Fourteen Lakh only) to the wife which includes permanent alimony and Stridhan by way of Demand Draft drawn in her favour. (c) That as decided in Para 7 (d) of the Interim settlement dated 11.12.2024, today i.e.26.03.2025, the Applicant No.1 handed over a demand draft to the O.P. No.2 bearing D.D. No. 004480 dated 31.01.2025 for Rs.7,00,000/- (Rupees Seven Lakhs only) drawn on Axis Bank Ltd. in favour of Anchal and O.P. No.2 has acknowledged the receipt of the same. (d) 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.7,00,000/- 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.7,00,000/- along with the current market rate of interest to the Husband.
(e) That it has been agreed between the parties that the remaining amount i.e. Rs.7,00,000/- (Rupees Seven Lakhs only) shall be paid by Akash Singh (Applicant No.1-Husband) to Smt. Anchal (O.P. No.2-wife) at the time of final judgment in Marriage Petition No. 194 of 2025 pending in Family Court, Farrukhabad by way of demand draft. (f) That it has been agreed between the parties that 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. (g) 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. (h) 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. "
Learned A.G.A. has no objection and he submits that the parties have settled their dispute through mediation centre.
Considering the submissions of learned counsel for the parties and on perusal of the record, it is clear that parties have settled the dispute amicably before the Mediation Centre, Allahabad and in pursuance of the settlement agreement, the parties have also filed an application under Section 13-B of Hindu Marriage Act and Rs.7 Lakh has also been paid by applicant to opposite party no.2 and remaining Rs.7 Lakh shall be payable at the time of passing of final order under Section 13 B of Hindu Marriage Act. Therefore, continuation of the impugned proceeding will be travesty of justice.
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 29.5.2024, the proceeding of the aforesaid case is hereby quashed.
Accordingly, the application stands allowed.
However, it is open for the opposite party no.2 to file recall application, if any concealment is made by the applicant in obtaining this order. Order Date :- 9.5.2025 Shiv SHIV KUMAR SHARMA High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 323, 498A, 504, 506; Hindu Marriage Act, 1955.
Which court decided this case, and when?
Allahabad High Court, on 09 May 2025. The bench was HINDU MARRIAGE ACT PRINCIPAL.
Precedent status how later indexed judgments have treated this case
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