State of U.P v. Anubhav Gangwar and others), arising out of Case Crime No
Case Details
Neutral Citation No. - 2025:AHC:65666 Court No. - 75 Case :- APPLICATION U/S 482 No. - 36286 of 2024 Applicant :- Pragya Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
Legal Reasoning
1. Heard Sri Amit Kumar Singh, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned AGA for the State. 2. This application has been filed to quash the entire proceedings of Case No.3900 of 2021 (State of U.P. vs. Anubhav Gangwar and others), arising out of Case Crime No. 09 of 2021, under Sections 498A, 506 IPC, 3/4 D.P. Act, Police Station-Ait, District-Jalaun pending in the Court of Chief Judicial Magistrate, Jalaun at Orai. 3. Facts giving rise to the present controversy is the matrimonial discord between applicant no.1 and opposite party no.2 has culminated into the impugned proceeding, which is under challenge. 4. Learned counsel for the applicant has submitted that the applicant is the first informant of the impugned proceedings. It is also submitted that a Criminal Revision No. 1137 of 2024 has been filed by the opposite party no. 2 against the order pased under Section 125 Cr.P.C. The matter was referred to Mediation Centre, High Court, Allahabad vide order dated 22.04.2024. 5. In pursuance of the order of this court, parties have appeared before the Mediation Centre and settled their dispute. As per the mediation report dated 30.08.2024, a settlement agreement was also entered into between the parties. The same has been annexed at page no. 6 to the supplementary affidavit. Paragraph no. 7 of the settlement agreement dated 30.08.2024 is being quoted as under: "7. In view of the Interim Settlement dated 21.06.2024 and 02.08.2024, the following settlement has been arrived at between the Parties hereto:- a) That both the parties have agreed to live separately and mutually settled to dissolve their relationship as husband and wife and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before Family Court, Jalaun at Orai and the same is registered as Case No. 414 of 2024, the certified copy of the aforesaid divorce petition along with order sheet was already annexed to the 2nd Interim Settlement Agreement dated 02.08.2024. b) That it has been consented and agreed between the parties that the husband shall pay an amount of Rs. 30,00,000/- (Rupees Thirty Lakh only) to the O.P. No. 2 wife towards permanent alimony including Stridhan and maintenance of wife. The said amount shall be paid to three installments by way of Demand Draft. c) That on 21.06.2024, the husband has produced two demand drafts (first installment) bearing Nos. 503068 & 503069 both dated 18.06.2024 for Rs.5,50,000/- + Rs.4,50,000/- = Rs.10,00,000/- (Rs. Five Lakh Fifty Thousand + Rs. Four Lakh Fifty Thousand = Rs.Ten Lakh only) both demand draft drawn on ICICI in favour of Pragya Patel (O.P. No.2-wife and the same has been handed over today i.e. 30.08.2024 to the O.P. NO. 2-wife and she has acknowledged the receipt of the same. d) That on 02.08.2024, the husband has produced another demand draft (second installment) bearing No. 503076 dated 30.07.2024 for Rs.10,00,000/- (Rs. Ten Lakh only) drawn on I.C.I.C. Bank in favour of Pragya Patel (O.P.No.-2-wife) and the same has been handed over today i.e. 30.08.2024 to the O.P. No.2-wife and she has acknowledged the receipt of the same. e) That it has been agreed between the parties that the remaining amount (third and last installment) of Rs.10,00,000/- (Rs. Ten Lakh Only) will be paid by the husband to the O.P. No. 2-wife by way of Demand Draft at the time of final judgement / second motion in Case No. 414 of 2024 pending before the Family Court, Jalaun at Orai by way of demand draft. f) That due to some unavoidable circumstances, the parties could not move withdrawal applications in the case, but now it has been agreed between the parties that they shall move withdrawal application in the cases filed by them against each other or their family members within three months. The details of the cases areas under :- (i) Case No. 14/2024, (Pragya Patel vs. Anubhav Gangwar), pending before Principal Judge, Family Court, Orai. (ii) Case No. 90060/2021 (Pragya Patel vs. Anubhav Gangwar), filed under Domestic Violence Act, pending before C.J.M., Jalaun at Orai. (iii) Case No. 6055/2021 (Pragya Patel vs. Anubhav Gangwar), pending before the C.J.M. Jalaun at Orai. (iv) Case No. 3900/2021 (State vs. Anubhav Gangwar), filed u/s 498A I.P.C., pending before the C.J.M., Jalaun at Orai. g) That the husband has moved withdrawal application in the cases filed against the wife. The details of the cases are as under :- (i) Case No. 993/2022 (Amulya Kumar Gangwar vs. Pragya Patel). The copy of the same is annexed to this settlement agreement for kind perusal of the Hon'ble Court. (ii) Matrimonial Case No. 708/2022 (Anubhav Singh Gangwar vs. Pragya Patel). The certified copy of the same is annexed to this settlement agreement for kind perusal of the Hon'ble Court. (h) That it has also been agreed between the parties that apart from the above mentioned cases, 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. (i) That the parties will not file any fresh cases against each other in respect of this matrimonial dispute. They have no claim against each other in future also. (j) 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. 6. Considering the fact that parties have settled their dispute and a settlement agreement was also entered into between the parties on 30.08.2024 before the Mediation Centre, High Court, Allahabad. In such circumstances, permitting to continue the impugned proceeding will amount to travesty of justice. 7. 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 30.08.2024, the proceeding of the aforesaid case is hereby quashed. 8. The present petition is, accordingly, allowed. Order Date :- 28.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad