Sandeep Tiwari And 2 Others v. State of U.P & Anr.

Tiwari and others) arising out of Case Crime No. 120 of 2023 under section 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Nagar (Commissionerate-Agra), pending in the court of Civil Judge (Junior Division)/ F.T.C. Ist, Agra.

Facts giving rise to the present controversy is that applicant no. 1 is husband of opposite party no.2 and matrimonial discord between them has culminated into present proceedings.

From the perusal of record, it appears that this Court vide order dated 14.08.2024 considering the fact that the dispute is matrimonial in nature referred this matter to Mediation Centre, High Court, Allahabad. In pursuance of the order of this court, parties have appeared before the Mediation Centre to participate in the mediation proceedings and settled their dispute. As per the mediation report dated

27.11.2024, a settlement agreement was also entered into between the parties on 27.11.2024. Paragraph no. 7 of the settlement agreement dated 27.11.2024 is being quoted as under: "7. In view of the Interim Settlement dated 08.11.2024, the following settlement has been arrived at between the Parties hereto:- (a) That the parties have already settled their dispute and decided to dissolve their marriage and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act, before the Principal Judge, Family Court, Agra, on 19.11.2024, which is registered as Case No.3107 of 2024, in which next date is fixed as 21.05.2025. 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 impediment.

(b) That it has been agreed between the parties that the husband shall pay full and final settlement amount of Rs.23,00,000/- (Rupees Twenty Three Lakh only) to the wife which includes permanent alimony and Stridhan by way of Demand Draft drawn in her favour. (c) That as per the Interim Settlement dated 08.11.2024, the husband had produced a demand draft bearing No.264582 dated 28.10.2024 for Rs. 11,50,000/- (Rupees Eleven Lakh Fifty Thousand only) drawn on YES Bank, in favour of Priya (wife), which was kept on record and the same is being handed over today ie. 27.11.2024 to the O.P. No.2 and she 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 divorce petition, in case husband withdraws his consent the amount of Rs. 11,50,000/-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.

11,50,000/-along with the current market rate of interest to the Husband (e) That it has been agreed between the parties that the remaining amount ie Rs.11,50,000/- (Rupees Eleven Lakh Fifty Thousand only) shall be paid by Sandeep Tiwari (Applicant No.1-Husband) to Smt. Priya Tiwari (OP. No.2-Wife) at the time of final judgment/decree in the aforesaid Divorce Petition No. 3107 of 2024 before the Family Court, Agra by way of demand draft of a nationalized bank drawn in her favour (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. (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 (i) That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed this settlement. "

Considering the fact that parties have settled their dispute and a settlement agreement was also entered into between the parties on 27.11.2024 before the Mediation Centre, High Court, Allahabad, therefore, in such circumstances, permitting to continue the impugned proceeding will amount to 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 27.11.2024, the proceeding of the aforesaid case is hereby quashed.

The present petition is, accordingly, allowed. Order Date :- 8.4.2025 KS KISHAN SINHA High Court of Judicature at Allahabad