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Hriday Narayan Mishra And 6 Ors vs State Of U.P. And Anr on 24 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. – 72

Case :- APPLICATION U/S 482 No. – 8322 of 2018

Applicant :- Hriday Narayan Mishra And 6 Ors

Opposite Party :- State Of U.P. And Anr

Counsel for Applicant :- Pt. S.P. Sharma,Sandeep Kumar Tiwari

Counsel for Opposite Party :- G.A.,Sanjeev Kumar Tyagi

Hon’ble Rajiv Joshi,J.

Supplementary affidavit filed today on behalf of the applicants is taken on record.

Heard Sri Sandeep Kumar Tiwari, learned counsel for the applicants and Ms. Farzana Jamal, Advocate holding brief of Sri Sanjeev Kumar Tyagi as well as learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet No. 65 of 2018 dated 29.1.2018 as well as entire proceedings of Case No. 222 of 2018 (SectionState vs. Hirday Narayan Mishra others), arising out of Case Crime No. 365 of 2017, under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, P.S. Dhumanganj, District- Allahabad pending in the Court of Addl. Chief Judicial Magistrate, VIII, Allahabad.

Learned counsel for the applicant filed supplementary affidavit along with settlement/agreement. In the supplementary affidavit, it is stated that the parties have amicably settled their dispute before the Mediation Center of Hon’ble Apex dated 6.7.2018. A copy of the settlement/agreement is appended as annexure No. 1 to the supplementary affidavit. In paragraph nos.1 to 7, of the settlement/agreement, following conditions has been settled for divorce by mutual consent which is quoted as under:-

” 1. It is agreed between the parties that they will make a joint prayer before this Hon’ble Supreme Court to invoke its inherent power as enshrined under SectionArticle 142 of the Constitution of India. In the event, the Hon’ble Supreme Court pleases to exercise its inherent power as enshrined under SectionArticle 142 of Constitution of India, then the Petitioner-husband undertakes to make a payment of 1, 50,000/- (Rs. One Lakh Fifty Thousand Only) by way of demand draft in the name of the respondent no.2 -wife (Deepa Rambabu Mishra) alongwith one engagement diamond ring to be handed over before the Hon’ble Supreme Court at the time of passing of order by the Hon’ble Court. The Respondent No.2 also would return the Golden Mangalsutara given by Petitioner-husband. Further they will also make a prayer before this Hon’ble Court with regard to the quashing of FIR No. 0365 of 2017.

2. It is also agreed between the parties that in the event the Hon’ble Supreme Court is not inclined to invoke its inherent power as enshrined under SectionArticle 142 of the Constitution of India, in such case, the parties shall adhere to the order of the Hon’ble Supreme Court.

3. The parties have agreed to get their marriage dissolved by decree of mutual consent in terms of Section 13 (B) of the Hindu Marriage Act, 1955. The mutual consent divorce petition shall be filed by the parties within one month after the outcome o the final order of the Hon’ble Supreme Court in the matter, in view of the present settlement being arrived between the parties. The mutual consent consent divorce petition shall be filed by the parties at Ld. Family Court at Allahabad, Uttar Pradesh.

4.It is also agreed between the parties that the respondent-husband shall pay a total sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) to the Respondent No. 2-wife as full and final settlement of all the claims of the parties towards alimony, maintenance (past, present and future), Stridhan and any other claims. The schedule of payment of the aforesaid amount as mentioned below:-

I. It is agreed between the parties that the Respondent-husband will pay an amount of Rs. 75,000/- (Rs. Seventy Five Thousand Only) by way of demand draft in the name of the Respondent-wife (Deepa Rambabu Mishra) at the time of recording of the statement in First Motion before the Ld. Family Court at Allahabad, Uttar Pradesh. It is also agreed that the parties will file the petition for divorce by mutual consent within one month of the outcome of the final order of the Hon’ble Supreme Court in the instant Special Leave Petition. It is further agreed between the parties that the Petitioner will return the diamond ring to the Respondent-wife and the Respondent-wife will return the Gold Mangalsutra to the Petitioner-husband at the time of recording of statement in the First Motion.

II. It is further agreed between the parties that the respondent-husband will pay the remaining amount as per the agreement of Rs. 50,000/- (Rs Fifty Thousand Only) to the Respondent No. 2-wife at the time of recording of statements in the second motion by way of demand draft in the name of the Respondent-wife. It is also agreed between the parties that they will file an appropriate application before the Family Court Allahabad praying for waiving the six months, statutory period enshrined under the relevant provision of H.M.A. Act and pray for grant of Second Motion, after one month of recording of statement in the First Motion.

It is agreed between the parties that Petitioner will move the Hon’ble High Court of Allahabad Bench, for quashing of the FIR filed by the Respondent No. 2 under Section 498-A, Section323, Section504, Section506 IPC and ¾ D.P. Act and the Respondent No. 2 will cooperate and appear before the Hon’ble High Court to make an appropriate statement with regard to the quashing of the FIR. At this point of time, the Respondent-husband will hand over a demand draft of Rs. 25,000/- (Rupees Twenty Five Thousand Only) to the Petitioner-wife out of the agreed settlement amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only). That the Petitioner will move the Hon’ble Allahabad High Court for quashing the aforesaid FIR within one month of recording of statement in the Second Motion under Section 13 (B) of H.M.A.

5. It is agreed between the parties that they will withdraw/quash the following pending cases filed against each other after final order of the Hon’ble Supreme Court:-

CASES FILED BY THE RESPONDENT NO. 2-WIFE

A. Maintenance Case No. 703 of 2017 pending before Family Court Allahabad, Uttar Pradesh. Next date of hearing is 18.07.2018 and the Respondent No. 2 will withdraw the same after First Motion.

B. FIR No. 0365 of 2017 lodged at P.S. Dhuman Gunj, Allahabad, Uttar Pradesh under Sections 498-A, Section323, Section504, Section506 IPC and ¾ D.P. Act, being Case No. 222 of 2018 pending at District Court at Allahabad. The Respondent No. 2-wife will cooperate with the Petitioner-husband for quashing of the aforesaid FIR after their statements are recorded in the Second Motion Petition before the Family Court at Allahabad.

CASES FILED BY THE PETITIONER-HUSBAND

A. Case No. 8322 of 2018 pending before Allahabad High Court. The next date of hearing of which is 10.07.2018. The Petitioner-husband shall inform the Hon’ble Allahabad High Court about this settlement which is arrived at Supreme Court Mediation Centre, Supreme Court of India on 06.07.2018.

The said case will be withdrawn after the final order is passed by Hon’ble Supreme Court in the SLP (Crl.) No. 3131 of 2018 i.e. the instant case in which settlement has arrived between the parties.

B. Transfer Petitioner (Crl.) No. 000282/2018 listed before the Hon’ble Supreme Court on 09.07.2018. The Petitioner-husband shall inform the Hon’ble Supreme Court about this settlement which is arrived at Supreme Court Mediation Centre, Supreme Court of India on 06.07.2018.

The said case will be withdrawn after the final order is passed by Hon’ble Supreme Court in the SLP (Crl.) No. 3131 of 2018 i.e. the instant case in which settlement has arrived between the parties.

6. That the Petitioner has handed over some of the articles to the Respondent No. 2 on 24.06.2018 the list of article returned is annexed as Annexure-A.

7. That the husband and the wife have agreed that, none of them will initiate any other legal action or complaint against each other or against the family members of each other in respect of their matrimonial dispute in any Court/Authority.”

In view of the above, the charge-sheet No. 65 of 2018 dated 29.1.2018 as well as entire proceedings of Case No. 222 of 2018 (SectionState vs. Hirday Narayan Mishra others), arising out of Case Crime No. 365 of 2017, under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, P.S. Dhumanganj, District- Allahabad is hereby quashed.

The application stands allowed.

Order Date :- 24.7.2019

Akbar

 

 

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