Urmila v. Vijay Raj and others), under Sections

1. Heard Sri Akhilesh Kumar Dubey, learned counsel for the applicants and Sri Rakesh Kumar Gupta, learned AGA for the State.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 09.01.2008 as well as the entire proceeding of Case No. 4926 of 2019 (Urmila vs. Vijay Raj and others), under Sections 494/109 IPC, Police Station Sikrara, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate-IV, Jaunpur.

3. Learned counsel for the applicants submits that the opposite party no.2 is the wife of applicant no.1. In connection with the same, an Application under Section 482 No. 14225 of 2010 (Siya Ram and other vs. State of U.P. and another) was filed before this Court wherein the matter was referred to the mediation centre vide order dated 13.05.2010. Pursuant to the reference to the mediation centre, the applicant no.1 and opposite party no.2 had settled all their disputes before the mediation centre with the following terms: "a. That Sri Bijay Raj(Applicant No.4-Husband) and Smt Urmila Devi (O.P. No.2- Wife) were married in the year 1998. Soon after the marriage, the relations between husband and wife became strained and hence they are living separately since 2003. They are issueless. b. That strained relationship between husband and wife gave rise to several cases filed by Smt. Urmila Devi/wife against her husband and others (a) case no.241 of 2003 u/s 9 of Hindu Marriage Acf, pending in the court of Civil Judge(SD), Jaunpur (b) case no.53 of 2003 u/s 125 Cr.P.C. pending in the court of Spl.J.M.III, Jaunpur (c) case no.1593 of 2008 u/s 498A, 323, 494 IPC, pending in the court of JM-Ist, Jaunpur (d) case crime no. 2162 of 2008 u/s 494, 109 IPC PS Sikrara, pending in the court of J.M.II, Jaunpur. c. That now both the parties have decided to separate/ take mutual divorce on the condition of a permanent alimony amount of Rs.2,50,000/- (Rs.Two lacs fifty thousand only) being paid through the bank draft in the name of Smt. Urmila Devi. d. That the husband has already deposited demand draft no.263399 dated 20.9.2010 of Rs.one lac issued by State Bank of India, on 29.9.2010 and today he is handing over a demand draft no.264482 dated 20.10.2010 of Rs.1.50 lac, issued by State Bank of India, total Rs.2.50 lacs as permanent alimony amount. e. That both the parties have agreed that this compromise will be treated as their consent for mutual divorce and they shall be free to take formal decree of divorce from the court having jurisdiction of their choice from the court concerned at Jaunpur. The wife/Smt. Urmila Devi has already filed a divorce petition no.1170 of 2010 on 18.10.2010 u/s 13B of Hindu Marriage Act. f. That in the view of above noted agreement between the parties, both the parties agree that all civil and criminal cases filed by them against each other including the above noted ones, shall be treated to be withdrawn and divorce decree to be passed for all practical purposes from today itself. They agree that they will file proper application, if necessary, before the court concerned for the purpose."

4. Learned counsel for the applicants submits that in para- 6-b of the settlement agreement, there is a reference to instant complaint case as well which was earlier numbered as Complaint Case 2162 of 2008, under Section 494, 109 IPC, P.S. Sikrara, pending in the court of C.J.M. Jaunpur. Subsequently, the said case was renumbered as Case No. 4926 of 2019 (Urmila vs. Vijay Raj and others). In para- 6-f of the said agreement, the parties had agreed to withdraw all the civil and criminal cases filed by them against each other including the above noted cases. and the same shall be treated to be withdrawn. Learned counsel for the applicants further submits that pursuant to the aforesaid settlement arrived at between the parties, the proceedings of Criminal Case No. 1754 of 2009 (State vs. Bijay Raj and others), under Sections 498-A, 323, 494, 109 IPC, P.S. Buxa, District Jaunpur, pending in the court Chief Judicial Magistrate-III, Jaunpur, were quashed by this Court vide order dated 23.05.2011 passed in Application under Section 482 No. 14225 of 2010 (Siya Ram and other vs. State of U.P. and another). In view of the aforesaid settlement, learned counsel for the applicants seeks quashing of the entire proceeding of the instant case.

5. Learned AGA also submits that in view of the settlement arrived at the mediation centre of this Court in pursuance of the order passed by this Court on

13.05.2010 in Application under Section 482 No. 14225 of 2010, this case also ought to have been withdrawn in terms of the settlement by the opposite party no.2.

6. Having heard the submissions made by learned counsel for the parties, this Court has carefully gone through the record of the Case. Since it was a matrimonial dispute between the applicant no.1 and the opposite party no.2, which has been duly settled in the mediation centre of this Court as per the mediation report dated 27.10.2010 wherein the parties have agreed to withdraw all civil and criminal cases filed by them against each other, the said settlement has already been acted upon between the parties and relying upon the aforesaid settlement, the proceedings of Criminal Case No. 1754 of 2009 were already quashed by this Court vide order dated 23.05.2011.

7. In view thereof, nothing survives in the instant case and thus the proceedings of Case No. 4926 of 2019 (Urmila vs. Vijay Raj and others), under Sections 494/109 IPC, Police Station Sikrara, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate-IV, Jaunpur, are also hereby quashed in view of the settlement dated 27.10.2010 duly arrived at between the parties and has been duly acted upon between the parties.

8. Accordingly, the instant application is allowed. Order Date :- 16.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) ASHISH PRASAD High Court of Judicature at Allahabad

1. Heard Sri Akhilesh Kumar Dubey, learned counsel for the applicants and Sri Rakesh Kumar Gupta, learned AGA for the State.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 09.01.2008 as well as the entire proceeding of Case No. 4926 of 2019 (Urmila vs. Vijay Raj and others), under Sections 494/109 IPC, Police Station Sikrara, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate-IV, Jaunpur.

3. Learned counsel for the applicants submits that the opposite party no.2 is the wife of applicant no.1. In connection with the same, an Application under Section 482 No. 14225 of 2010 (Siya Ram and other vs. State of U.P. and another) was filed before this Court wherein the matter was referred to the mediation centre vide order dated 13.05.2010. Pursuant to the reference to the mediation centre, the applicant no.1 and opposite party no.2 had settled all their disputes before the mediation centre with the following terms: "a. That Sri Bijay Raj(Applicant No.4-Husband) and Smt Urmila Devi (O.P. No.2- Wife) were married in the year 1998. Soon after the marriage, the relations between husband and wife became strained and hence they are living separately since 2003. They are issueless. b. That strained relationship between husband and wife gave rise to several cases filed by Smt. Urmila Devi/wife against her husband and others (a) case no.241 of 2003 u/s 9 of Hindu Marriage Acf, pending in the court of Civil Judge(SD), Jaunpur (b) case no.53 of 2003 u/s 125 Cr.P.C. pending in the court of Spl.J.M.III, Jaunpur (c) case no.1593 of 2008 u/s 498A, 323, 494 IPC, pending in the court of JM-Ist, Jaunpur (d) case crime no. 2162 of 2008 u/s 494, 109 IPC PS Sikrara, pending in the court of J.M.II, Jaunpur. c. That now both the parties have decided to separate/ take mutual divorce on the condition of a permanent alimony amount of Rs.2,50,000/- (Rs.Two lacs fifty thousand only) being paid through the bank draft in the name of Smt. Urmila Devi. d. That the husband has already deposited demand draft no.263399 dated 20.9.2010 of Rs.one lac issued by State Bank of India, on 29.9.2010 and today he is handing over a demand draft no.264482 dated 20.10.2010 of Rs.1.50 lac, issued by State Bank of India, total Rs.2.50 lacs as permanent alimony amount. e. That both the parties have agreed that this compromise will be treated as their consent for mutual divorce and they shall be free to take formal decree of divorce from the court having jurisdiction of their choice from the court concerned at Jaunpur. The wife/Smt. Urmila Devi has already filed a divorce petition no.1170 of 2010 on 18.10.2010 u/s 13B of Hindu Marriage Act. f. That in the view of above noted agreement between the parties, both the parties agree that all civil and criminal cases filed by them against each other including the above noted ones, shall be treated to be withdrawn and divorce decree to be passed for all practical purposes from today itself. They agree that they will file proper application, if necessary, before the court concerned for the purpose."

4. Learned counsel for the applicants submits that in para- 6-b of the settlement agreement, there is a reference to instant complaint case as well which was earlier numbered as Complaint Case 2162 of 2008, under Section 494, 109 IPC, P.S. Sikrara, pending in the court of C.J.M. Jaunpur. Subsequently, the said case was renumbered as Case No. 4926 of 2019 (Urmila vs. Vijay Raj and others). In para- 6-f of the said agreement, the parties had agreed to withdraw all the civil and criminal cases filed by them against each other including the above noted cases. and the same shall be treated to be withdrawn. Learned counsel for the applicants further submits that pursuant to the aforesaid settlement arrived at between the parties, the proceedings of Criminal Case No. 1754 of 2009 (State vs. Bijay Raj and others), under Sections 498-A, 323, 494, 109 IPC, P.S. Buxa, District Jaunpur, pending in the court Chief Judicial Magistrate-III, Jaunpur, were quashed by this Court vide order dated 23.05.2011 passed in Application under Section 482 No. 14225 of 2010 (Siya Ram and other vs. State of U.P. and another). In view of the aforesaid settlement, learned counsel for the applicants seeks quashing of the entire proceeding of the instant case.

5. Learned AGA also submits that in view of the settlement arrived at the mediation centre of this Court in pursuance of the order passed by this Court on

13.05.2010 in Application under Section 482 No. 14225 of 2010, this case also ought to have been withdrawn in terms of the settlement by the opposite party no.2.

6. Having heard the submissions made by learned counsel for the parties, this Court has carefully gone through the record of the Case. Since it was a matrimonial dispute between the applicant no.1 and the opposite party no.2, which has been duly settled in the mediation centre of this Court as per the mediation report dated 27.10.2010 wherein the parties have agreed to withdraw all civil and criminal cases filed by them against each other, the said settlement has already been acted upon between the parties and relying upon the aforesaid settlement, the proceedings of Criminal Case No. 1754 of 2009 were already quashed by this Court vide order dated 23.05.2011.

7. In view thereof, nothing survives in the instant case and thus the proceedings of Case No. 4926 of 2019 (Urmila vs. Vijay Raj and others), under Sections 494/109 IPC, Police Station Sikrara, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate-IV, Jaunpur, are also hereby quashed in view of the settlement dated 27.10.2010 duly arrived at between the parties and has been duly acted upon between the parties.

8. Accordingly, the instant application is allowed. Order Date :- 16.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) ASHISH PRASAD High Court of Judicature at Allahabad