State Of U.P. Thru. Prin. Secy. Home Lko And Another vs Party(s)

1. Heard learned counsel for the applicants, learned A.G.A as well as learned counsel for the respondent no.3.

2. Since both the petitions under Section 482 Cr.P.C. have been arisen out of the same proceedings i.e. Criminal Case No.18518 of 2021 : State Vs. Surendra Mishra and others, Case Crime No.0025 of 2021, under Sections 498-A, 323, 504, 506, 294 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Gonda pending in the court of Civil Judge (Senior Division), F.T.C Naveen, Gonda, as the same are being decided by a common order.

3. Vide order dated 12.10.2023, the parties were directed to appear before the Mediation and Conciliation Centre of this Court for the purpose of mediation.

4. From perusal of mediation report dated 4.12.2023, it transpires 2 A482 No. 628 of 2025 that the mediation has got successful/completed with an agreement which is enclosed with the mediation report. Both the parties i.e. first party petitioner no.1. Surendra Mishra and respondent no.2 Pratibha Sri Pandey including third party Shri Tulsiram Mishra were present before the Mediation and Conciliation in the presence of their counsels namely Shri Himanshu Suryavansh, Advocate and Shri Arvind Kumar Pathak, Advocate.

5. The settlement agreement arrived at between both the parties dated 4.12.2023 reads as under :- A. That both the parties namely Surendra Mishra (First Party/husband) and Pratibha Sri Pandey (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future and for the purpose of dissolution of their marriage the parties have already filed a petition for divorce with mutual consent U/S 13-B Hindu Marriage Act, 1955 before Family Court, Gonda bearing R. S. No. 770 of 2024. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest. B. That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a sum of Rs.30,00,000/- (Rupees Thirty Lacs only) towards one time full and final settlement of all the claims against First Party including the claim for temporary/permanent alimony and expenses for maintenance & welfare of their son namely Advait Mishra, who was born out of the wedlock of both the parties. C. That the Third Party has agreed to pay a sum of Rs.27,50,000/-(Rupees Twenty Seven Lakhs Fifty Thousand only) to his grandson Master Advait Mishra under the guardianship of the Second Party towards purchase of land/plot in favour of Master Advait Mishra. Accordingly the Third Party has handed over a Demand Draft No.238277 dated 23.05.2025 amounting to Rs 11,50,000/- (Rupees Eleven Lakhs Fifty Thousand only) drawn on State Bank of India, Branch Link Road, Ludhiana and two post dated cheques (PDCs) bearing No.037157 dated 15.07.2025 amounting to Rs.15,50,000/- and bearing No.037162 dated 15.07.2025 amounting to Rs.50,000/- State Bank of India, Branch Link Road, Ludhiana to the Second Party today i.e.26.05.2025. The Second Party acknowledges receipt of the said Demand Draft and PDCs. D. That the parties have agreed that the aforementioned amount of Rs.27,50,000/- (Rupees Twenty Seven Lakhs Fifty Thousand only) in the Master Advait Mishra shall be used for purchase of land/plot in favour of Master Advait Mishra. In case the said land/plot is not purchased in favour of Master Advait Mishra, the Second Party shall 3 A482 No. 628 of 2025 not use anywhere else except giving the principal amount of Rs.27,50,000/-(Rupees Twenty Seven Lakhs Fifty Thousand only) to Master Advait Mishra after he attains the age of majority; Under such circumstance the said amount of Rs.27,50,000/-(Rupees Twenty Seven Lakhs Fifty Thousand only) shall be invested in TDR/FD and the accrued interest may be used by the Second Party towards educational/maintenance expenses of Master Advait Mishra. E. That both the parties have agreed that the aforesaid amount Rs.30,00,000/- (Rupees Thirty Lacs only) would be paid to the Second Party/wife in two installments. The first installment of Rs. 15,00,000/-(Rupees Fifteen Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before the Mediation and Conciliation Centre, Allahabad High Court, Lucknow. The second installment of Rs.15,00,000/-(Rupees Fifteen Lacs Fifty Thousand) will be paid by the First Party/husband to the Second Party/wife at the time of second motion of the joint petition for divorce bearing R. S. No. 770 of 2024 U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Gonda. F. That the First Party has handed over a Demand Draft No.238170 dated 10.07.2024 amounting to Rs.15,00,000/-(Rupees Fifteen Lacs only) towards aforesaid payment of first installment. The Second Party acknowledges receipt of the said Demand Draft. G. That the parties have agreed that the custody of their son Advait Mishra would remain with the Second Party and it would be the responsibility of the Second Party to bear all the expenses, to be incurred towards bringing up of Advait Mishra viz. education, daily needs, etc. H. That the parties have agreed that the Second Party. I. That the parties have agreed to withdraw/not press/not to pursue the cases filed against each other and their family members. The details of the cases are mentioned hereunder:

1. Criminal Case No. 18518 of 2021 (State Vs. Surendra Mishra and Ors.) arising out of in Case Crime No. 25/2021 under Sections 4984, 323, 504, 506, 294 LP.C. and Section 3/4 of D.P. Act at P.S. Mahila Thana, District- Gonda pending before Civil Judge (Senior Division)/F.T.C. Naveen, Gonda.

2. Case U/S 125 Cr. P. C. pending before Family Court, Gonda. J. That the Second Party has agreed that she shall not have any objection if the Hon'ble Court decides the APPLICATION U/s 482 No.9879 of 2023 (Surendra Mishra & Others Vs State of U.P. & Another) connected with APPLICATION U/s 482 No.628 of 2025 (Tulsiram Mishra Vs. State of U. P. and Another) in terms of this settlement agreement. 4 A482 No. 628 of 2025 K. That the parties have agreed that in addition to above mentioned case, if any other case(s) is pending between the parties, both the parties shall not have any objection if the case(s) is disposed of by the Hon'ble Court in terms of this Settlement Agreement. L. That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of any dispute arising out of their marriage or any matter incidental thereto. M. That the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court hence for contempt of the Court. N. That Second Party has agreed that in case she fails to cooperate in the divorce proceedings, she shall be bound to return to the First Party the entire money received by her from the First Party along with interest @ 9% p.a. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party. The First Party has agreed that in case he fails to attend and cooperate in the divorce case, the amount received by the Second Party from the First Party shall not be returned by the Second Party and the Second Party shall be at liberty to reopen her case(s) decided by the Hon'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum."

6. Besides above settlement, learned counsel for the applicants has filed copy of Matrimonial Case No.770 of 2024 vide which it has been informed that Petition under 13-B of the Hindu Marriage Act, 1955 has been allowed and the marriage between the petitioner no.1 of Application U/s 482 No.9879 of 2023 and respondent no.2 has been dissolved. Copy of the order dated 22.8.2025 be taken on record.

7. In view of thereof, both the aforesaid applications under Section 482 Cr.P.C. are being disposed of in terms of settlement dated 4.12.2023, which shall form part of this order and both the parties shall abide with the clauses mentioned in the settlement dated 4.12.2023. December 3, 2025 Shukla (Rajeev Bharti,J) ASHUTOSH KUMAR SHUKLA ASHUTOSH KUMAR SHUKLA ASHUTOSH KUMAR SHUKLA ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench Lucknow Bench

1. Heard learned counsel for the applicants, learned A.G.A as well as learned counsel for the respondent no.3.

2. Since both the petitions under Section 482 Cr.P.C. have been arisen out of the same proceedings i.e. Criminal Case No.18518 of 2021 : State Vs. Surendra Mishra and others, Case Crime No.0025 of 2021, under Sections 498-A, 323, 504, 506, 294 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Gonda pending in the court of Civil Judge (Senior Division), F.T.C Naveen, Gonda, as the same are being decided by a common order.

3. Vide order dated 12.10.2023, the parties were directed to appear before the Mediation and Conciliation Centre of this Court for the purpose of mediation.

4. From perusal of mediation report dated 4.12.2023, it transpires 2 A482 No. 628 of 2025 that the mediation has got successful/completed with an agreement which is enclosed with the mediation report. Both the parties i.e. first party petitioner no.1. Surendra Mishra and respondent no.2 Pratibha Sri Pandey including third party Shri Tulsiram Mishra were present before the Mediation and Conciliation in the presence of their counsels namely Shri Himanshu Suryavansh, Advocate and Shri Arvind Kumar Pathak, Advocate.

5. The settlement agreement arrived at between both the parties dated 4.12.2023 reads as under :- A. That both the parties namely Surendra Mishra (First Party/husband) and Pratibha Sri Pandey (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future and for the purpose of dissolution of their marriage the parties have already filed a petition for divorce with mutual consent U/S 13-B Hindu Marriage Act, 1955 before Family Court, Gonda bearing R. S. No. 770 of 2024. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest. B. That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a sum of Rs.30,00,000/- (Rupees Thirty Lacs only) towards one time full and final settlement of all the claims against First Party including the claim for temporary/permanent alimony and expenses for maintenance & welfare of their son namely Advait Mishra, who was born out of the wedlock of both the parties. C. That the Third Party has agreed to pay a sum of Rs.27,50,000/-(Rupees Twenty Seven Lakhs Fifty Thousand only) to his grandson Master Advait Mishra under the guardianship of the Second Party towards purchase of land/plot in favour of Master Advait Mishra. Accordingly the Third Party has handed over a Demand Draft No.238277 dated 23.05.2025 amounting to Rs 11,50,000/- (Rupees Eleven Lakhs Fifty Thousand only) drawn on State Bank of India, Branch Link Road, Ludhiana and two post dated cheques (PDCs) bearing No.037157 dated 15.07.2025 amounting to Rs.15,50,000/- and bearing No.037162 dated 15.07.2025 amounting to Rs.50,000/- State Bank of India, Branch Link Road, Ludhiana to the Second Party today i.e.26.05.2025. The Second Party acknowledges receipt of the said Demand Draft and PDCs. D. That the parties have agreed that the aforementioned amount of Rs.27,50,000/- (Rupees Twenty Seven Lakhs Fifty Thousand only) in the Master Advait Mishra shall be used for purchase of land/plot in favour of Master Advait Mishra. In case the said land/plot is not purchased in favour of Master Advait Mishra, the Second Party shall 3 A482 No. 628 of 2025 not use anywhere else except giving the principal amount of Rs.27,50,000/-(Rupees Twenty Seven Lakhs Fifty Thousand only) to Master Advait Mishra after he attains the age of majority; Under such circumstance the said amount of Rs.27,50,000/-(Rupees Twenty Seven Lakhs Fifty Thousand only) shall be invested in TDR/FD and the accrued interest may be used by the Second Party towards educational/maintenance expenses of Master Advait Mishra. E. That both the parties have agreed that the aforesaid amount Rs.30,00,000/- (Rupees Thirty Lacs only) would be paid to the Second Party/wife in two installments. The first installment of Rs. 15,00,000/-(Rupees Fifteen Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before the Mediation and Conciliation Centre, Allahabad High Court, Lucknow. The second installment of Rs.15,00,000/-(Rupees Fifteen Lacs Fifty Thousand) will be paid by the First Party/husband to the Second Party/wife at the time of second motion of the joint petition for divorce bearing R. S. No. 770 of 2024 U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Gonda. F. That the First Party has handed over a Demand Draft No.238170 dated 10.07.2024 amounting to Rs.15,00,000/-(Rupees Fifteen Lacs only) towards aforesaid payment of first installment. The Second Party acknowledges receipt of the said Demand Draft. G. That the parties have agreed that the custody of their son Advait Mishra would remain with the Second Party and it would be the responsibility of the Second Party to bear all the expenses, to be incurred towards bringing up of Advait Mishra viz. education, daily needs, etc. H. That the parties have agreed that the Second Party. I. That the parties have agreed to withdraw/not press/not to pursue the cases filed against each other and their family members. The details of the cases are mentioned hereunder:

1. Criminal Case No. 18518 of 2021 (State Vs. Surendra Mishra and Ors.) arising out of in Case Crime No. 25/2021 under Sections 4984, 323, 504, 506, 294 LP.C. and Section 3/4 of D.P. Act at P.S. Mahila Thana, District- Gonda pending before Civil Judge (Senior Division)/F.T.C. Naveen, Gonda.

2. Case U/S 125 Cr. P. C. pending before Family Court, Gonda. J. That the Second Party has agreed that she shall not have any objection if the Hon'ble Court decides the APPLICATION U/s 482 No.9879 of 2023 (Surendra Mishra & Others Vs State of U.P. & Another) connected with APPLICATION U/s 482 No.628 of 2025 (Tulsiram Mishra Vs. State of U. P. and Another) in terms of this settlement agreement. 4 A482 No. 628 of 2025 K. That the parties have agreed that in addition to above mentioned case, if any other case(s) is pending between the parties, both the parties shall not have any objection if the case(s) is disposed of by the Hon'ble Court in terms of this Settlement Agreement. L. That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of any dispute arising out of their marriage or any matter incidental thereto. M. That the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court hence for contempt of the Court. N. That Second Party has agreed that in case she fails to cooperate in the divorce proceedings, she shall be bound to return to the First Party the entire money received by her from the First Party along with interest @ 9% p.a. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party. The First Party has agreed that in case he fails to attend and cooperate in the divorce case, the amount received by the Second Party from the First Party shall not be returned by the Second Party and the Second Party shall be at liberty to reopen her case(s) decided by the Hon'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum."

6. Besides above settlement, learned counsel for the applicants has filed copy of Matrimonial Case No.770 of 2024 vide which it has been informed that Petition under 13-B of the Hindu Marriage Act, 1955 has been allowed and the marriage between the petitioner no.1 of Application U/s 482 No.9879 of 2023 and respondent no.2 has been dissolved. Copy of the order dated 22.8.2025 be taken on record.

7. In view of thereof, both the aforesaid applications under Section 482 Cr.P.C. are being disposed of in terms of settlement dated 4.12.2023, which shall form part of this order and both the parties shall abide with the clauses mentioned in the settlement dated 4.12.2023. December 3, 2025 Shukla (Rajeev Bharti,J) ASHUTOSH KUMAR SHUKLA ASHUTOSH KUMAR SHUKLA ASHUTOSH KUMAR SHUKLA ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench Lucknow Bench