SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Smt. Seema Gupta And 3 Others vs State Of U.P. And Another on 26 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 72

Case :- APPLICATION U/S 482 No. – 36627 of 2018

Applicant :- Smt. Seema Gupta And 3 Others

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

Counsel for Applicant :- Narendra Singh Chahar

Counsel for Opposite Party :- G.A.

Hon’ble Rajiv Joshi,J.

Heard Shri N.S. Chahar, learned counsel for the applicants and learned A.G.A. for the State.

This application under Section 482, SectionCr.P.C. has been filed to quash the charge sheet dated 4.2.2018 including cognizance order dated 30.4.2018 passed by Judicial Magistrate, Fatehbad, Agra in Case No.568 of 2018, (State Vs. Dr. Mosum Kumar Gupta and others), arising out of Case Crime No.293 of 2017, under Sections 498A, Section323, Section504, Section506 I.P.C. 3/4 D.P. Act, P.S. Pinahat, District-Agra.

This Court vide order dated 11.10.2018 referred the matter to the Mediation and Conciliation Centre of this Court and pursuant to the said order the parties appeared before the mediator and settlement was arrived between them on 14.3.2019. The terms and conditions of settlement agreement are quoted as under:

“a) That the marriage of Dr. Mosum Kumar Gupta (Applicant No. 2 – Husband) and Smt. Himani Gupta (O.P. No. 2 – Wife) was solemnized on 31.01.2017. Due to strained relationships, both parties have been living separately from 05.09.2017. No issue was born out of their wedlock.

b) That as per interim settlement dated 28.02.2019, Dr. Mosum Kumar Gupta (Applicant No. 2 – Husband) and Smt. Himani Gupta (O.P. No. 2 – Wife) had decided to take mutual divorce on the condition of a permanent Alimony including Stridhan of Rs. 14,00,000/- ( Rs. Fourteen Lakh only) which shall be paid by the husband to the wife in two equal installments.

c) That as agreed during interim settlement dated 28.02.2019, Dr. Mosum Kumar Gupta (Applicant No. 2 – Husband) and Smt. Himani Gupta (O.P. No. 2 – Wife) have filed a mutual divorce petition no. 527/2019 u/s 13-B of Hindu Marriage Act before the Principle Judge, Family Court, Agra and they have produced the certified copy of said divorce petition, which is being made part of this settlement agreement.

d) That on 28.02.2019 Dr. Mosum Kumar Gupta (Applicant No. 2 – Husband) had produced two demand drafts for a total value of Rs. 7,00,000/- (Rs. Seven Lakh Only), which were kept in the file of mediation centre. The details of the said demand drafts are as under:

Sl. No. DD Particulars Bank Name Drawn in Favour of Amount

1 644799, Dated 25.2.2019 Canara Bank Himani Guprta Rs.3,00,000/-

2 539098, Dated 25.2.2019 Vijaya Bank Himani Gupta Rs.4,00,000/-

Both of the above-mentioned demand drafts for a total value of Rs. 7,00,000/- (Rs. Seven Lakh Only) have been handed over to Smt. Himani Gupta (O.P. No. 2 – Wife) today and she has acknowledged the receipt of the same.

e) That it has been agreed between the parties that the rest amount of aforesaid agreed alimony i.e. Rs. 7,00,000/- (Rs. Seven Lakh Only) shall be paid by the husband to the wife by way of the demand draft drawn in her favour at the time of final judgment in the above mentioned divorce petition. The date of second motion in the said divorce petition is fixed as 11.09.2019.

f) In addition to above, Dr. Mosum Kumar Gupta (Applicant No. 2 – Husband) has returned all the household articles, silver ornaments, clothers of Smt. Himani Gupta (O.P. No. 2 – Wife) and also the Vehicle Maruti Certio (UP80ED1631) to Smt. Himani Gupta (O.P. No. 2 – Wife) on 09.03.2019 and today Smt. Himani Gupta (O.P. No. 2 – Wife) has also acknowledged the receipt of the same.

g) That now the parties have no grudge against each other and in future they shall not litigate in this regard as there remains nothing to be settled between them from today.

h) That it has been agreed between the parties that all the Criminal and Civil Cases filed by them against each other (if any) shall be withdrawn by them by taking appropriate steps before the court/authorities concerned at the earliest.”

In view of above, proceedings of the aforesaid case are, hereby, quashed provided the parties shall abide the terms and conditions of the settlement agreement.

The application stands allowed.

Order Date :- 26.8.2019

T. Sinha

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine


All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

Recent Comments

STUDY REPORTS

Copyright © 2024 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation