HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 72
Case :- APPLICATION U/S 482 No. – 30889 of 2019
Applicant :- Ashok Agarwal
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- S. Kamal Akhtar Khan,Mahesh Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon’ble Rajiv Joshi,J.
List has been revised. Nobody is present on behalf of either of the parties.
It is reported that lawyers are on strike and they are abstaining from attending the Court.
This is an application for quashing the entire proceedings of Case No. 2808/2018 (State of U.P. Vs. Gaurav Gupta and others) arising out of Case Crime No. 88/2018, under Sections 498A, Section323, Section506 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Rampur and the cognizance order dated 25.9.2018 pending in the court of Civil Judge (S.D.)/F.T.C., Rampur.
The applicant is the maternal uncle of the husband of opposite party no.2. In an application under Section 482 Cr.P.C. no. 44115 of 2015 filed by the husband, father-in-law, mother-in-law, nand and nandoi of opposite party no.2, this Court referred the matter to the mediation centre, in which settlement has been arrived at between the parties on the following terms and conditions:
(a) That the marriage of Sri Gaurav Gupta (Applicant No. 1, husband) and Smt. Tanvi Agarwal (O.P. No. 2, wife) was solemnized on 29.04.2017. Out of the aforesaid wedlock parties have no issue. Due to strained relationship the parties have been living separately since 17.02.2018.
(b) That as per husband his correct name is Gourav Gupta and not Gaurav Gupta as mentioned in the petiton.
(c) That as per Interim Settlement, Sri Gaurav Gupta (Applicant No. 1, husband) and Smt. Tanvi Agarwal (O.P. No. 2, wife) have decided to take mutual divorce on the condition that the husband will pay a permanent alimony including Stridhan of Rs. 15 Lakhs (Rupees fifteen lakhs only) to the wife in 3 installments.
(d) That on 02.05.2019 the husband had produced 02 Demand drafts of Rs. 05 Lakhs (Rupees five lakhs only, (1st Installment) bearing No. 858250 and 858251 both dated 29.04.2019 and worth of Rs. 2.50 Lakhs each and today (16.05.2019) also the husband has produced another demand draft of Rs. 2.50 Lakhs (2nd installment) bearing No. 858283 dated 13.05.2019 all the bank drafts are issued by Yes Bank Worli Mumbai branch drawn in favour of wife which have been handed over to the her today and she has acknowledged the receipt of the same.
(e) That as agreed parties have filed a mutual divorce petition No. 196/19 under Section 13-B of Hindu Marriage Act, before the competent Court, Principal Judge of Family Court Rampur and produced the certified copy of he same which is annexed to this Settlement Agreement.The next date is fixed on 09.11.2019 by the Family Court.
(f) That it has been agreed between the parties that the remaining amount Rs. 7.50 Lakhs (Rupees seven lakhs fifty thousand only, (3rd Installment) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgement of mutual divorce petition in the family court.
(g) That thereafter parties shall have no further claim against each other of any nature with regard to the present case.
(h) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement.
(i) That it has been agreed between the parties that the all Criminal and Civil cases filed by them against each other shall be withdrawn/set aside/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month of this Settlement Agreement.
In view of the above, proceedings of Case No. 2808/2018 (State of U.P. Vs. Gaurav Gupta and others) arising out of Case Crime No. 88/2018, under Sections 498A, Section323, Section506 IPC and Section 3/4 of D.P. Act are hereby quashed.
The application stands allowed.
Order Date :- 6.9.2019