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Smt. Shweta Tomar vs State Of U.P. Thru Prin.Secy. Home … on 26 February, 2024

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Allahabad High Court

Smt. Shweta Tomar vs State Of U.P. Thru Prin.Secy. Home … on 26 February, 2024

Author: Rajesh Singh Chauhan

Bench: Rajesh Singh Chauhan

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Neutral Citation No. – 2024:AHC-LKO:17762

Court No. – 11

Case :- TRANSFER APPLICATION (CRIMINAL) No. – 99 of 2022

Applicant :- Smt. Shweta Tomar

Opposite Party :- State Of U.P. Thru Prin.Secy. Home Deptt. Lko And Anr.

Counsel for Applicant :- Dev Prakash Singh

Counsel for Opposite Party :- G.A.,Rakesh Pandey,Sanjay Kumar Pandey

Hon’ble Rajesh Singh Chauhan,J.

1. Heard.

2. This Court has passed order dated 11.1.2024, which reads as under :1.

“Heard.

2. This Court has passed order dated 13.12.2023 which reads as under :

“Heard Sri Dev Prakash Singh, learned counsel for the applicant, Sri Rakesh Pandey, learned counsel for opposite party no. 2 as well as Sri Anirudh Kumar Singh, learned A.G.A-I for the State.

In compliance of the order dated 02.12.2023, the applicant, Smt. Shweta Tomar and opposite party no. 2, Shri Rajeshwar Singh Tomar are present in person before this Court and they have been identified by their respective counsels.

The parties are ready for settlement of their dispute by entering into an oral agreement before this Court with the best efforts of learned counsel for the parties as well as learned AGA-I for the State and both the parties submit that they do not want to live together due to misunderstandings between them and will file a petition under Section 13-B of Hindu Marriage Act, 1955 for mutual divorce, in this regard, the applicant, Smt. Shweta Tomar submits that if she is paid Rs.12,00,000/- (Rupees Twelve Lakhs Only) as one time alimony she has no objection if the proceeding of the present case is quashed by this Court and she also assured this Court that any other criminal or civil case filed against the opposite party No.2, Rajeshwar Singh Tomar or his family members will be withdrawn by her, as directed by this Court.

Shri Rajeshwar Singh Tomar, the opposite party No.2 also assured this Court that he will also withdraw all the criminal and civil cases filed against the applicant, namely-Smt. Shweta Tomar and her family members, as per the direction of this Court. Shri Rajeshwar Singh Tomar further submits before this Court that he will pay Rs.12,00,000/- (Rupees Twelve Lakhs Only) to the applicant as one time alimony. To show his bonafide, he submits that he will bring a bank draft of Rs.3,00,000/- (Three Lakhs) in the name of Smt. Shweta Tomar on the next date fixed and the remaining amount of Rs.9,00,000/- (Nine Lakhs) will be paid in two installments. He further submits that he will pay the first installment of remaining amount of Rs.9,00,000/- i.e. Rs.3,00,000/- on 11.01.2024 by bank draft drawn in favour of Smt. Shweta Tomar and second installment of Rs.6,00,000/- will be paid within 15 days’ after the decree of divorce is finalized.

As agreed between the parties they are hereby directed to file a petition under Section 13-B of Hindu Marriage Act, 1955 within 15 days’ from today before the competent Family Court, Lucknow.

If the parties file such a petition within stipulated time period, the concerned Family Court is directed to decide the petition so filed under Section 13-B of the Hindu Marriage Act, 1955 within three months from today waiving the cooling off period in view of the judgement passed by Hon’ble Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur: AIR 2017 SC 4417 and further order passed by the Division Bench of this Court in First Appeal Defection No. 392 of 2019: Shalini Massey Vs. Neeraj Samuel Dass decided on 07.01.2020. As the provision of cooling off period is not mandatory but is a directory provision and the Family Court where the petition is filed under Section 13-B of the Hindu Marriage Act can waive the period of six month.

Accordingly, list/put up this case on 21.12.2023 for further orders before this Court.

Both the parties, present today, shall also appear on the next date fixed i.e. on 21.12.2023 before this Court.”

3. In compliance of the Court’s order parties are present in person.

4. In compliance of the aforesaid order a Demand Draft of Rs. 3,00,000/- has been handed over to the applicant namely, Smt. Shweta Tomar on 21.12.2023 before the Court. The order dated 21.12.2023 reads as under :

“In terms of the order dated 13.12.2023, the parties are present before this Court, who have been identified by their counsel.

The husband (Rajeshwar Singh Tomar) has handed over a draft of Rs.3 lakh to the applicant-Smt. Shweta Tomar. As such, the compliance with regard to first instalment has been made.

Accordingly, list this case on 11.01.2024.

Both the parties shall also appear before this Court. on the next date fixed i.e. 11.01.2024.”

5. Today the Demand Draft bearing No. 130127 dated 5.1.2024 in the name of Shweta Tomar issued from the State Bank of India, Kanpur Main Branch, has been handed over to Smt. Shweta Tomar before the Court and she has given receiving thereof on the photocopy of the demand draft.

6. Learned counsel for the opposite party has stated that the second and last installment of Rs. 6,00,000/- will be paid to the petitioner / applicant within a period of 15 days after the decree of divorce is finalized in terms of order dated 13.12.2023 (supra).

7. Learned counsel for the parties have informed that the date has been fixed before the Family Court on 9.2.2024.

8. Learned counsel for the parties as well as the parties who are present before the Court have stated that they shall appear before the Family Court concerned on the date fixed and they will request the court to issue the decree of divorce on the application filed u/s 13 B of Hindu Marriage Act, 1955.

9. In view of the above, list this case on 26.2.2024.

10. On that date the parties who are present in person shall again appear in person.

11. It is expected from the learned Family Court to decide the application which was filed by the parties u/s 13B of the Hindu Marriage Act, 1955 on the date fixed, if there is no any legal impediment.

12. On the next date the parties shall inform about the outcome of the proceedings of Family Court.”

3. In compliance of the aforesaid order the petitioner no. 1 namely, Smt. Shweta Tomar and opposite party no. 2 namely, Smt. Rajeshwar Singh Tomar are present in person.

4. The opposite party no. 2 has produced a Demand Draft of Rs. 6,00,000/- in the name of Shweta Tomar dated 22.2.2024 bearing no. 130164 issued by the State Bank of India, Sainik School Branch, Sarojini Nagar. The aforesaid Demand Draft has been provided to Smt. Shweta Tomar before the Court.

5. Learned counsel for the parties have informed that today the family court has decided the proceedings u/s 13B of Hindu Marriage Act and issued decree of divorce on mutual consent of the parties.

6. Learned counsel for the parties have stated that now nothing remains to be adjudicated between the parties, therefore, the proceedings of Criminal Case No. 10219 of 2019,”State vs. Rajeshwar Singh” arising out of Case Crime No. 0393 of 2018 u/s 498A, 323, 504, 506 IPC and section 3/4 D.P. Act, P.S. Sarojini Nagar, District Lucknow, pending before the Civil Judge (J.D.)/F.T.C., Court no. 50, Lucknow may be quashed.

7. The petitioner, who is present in person, has also stated that the aforesaid criminal case may be set aside / quashed for the reason that both the parties have no grievance against each other. Therefore, the present application whereby the transfer of the case from one district to another district has been prayed may be dismissed and the criminal proceedings may be quashed.

8. Though this is an application u/s 407 Cr.P.C. being filed by the petitioner but considering the aforesaid facts and circumstances and the order dated 13.12.2023 passed by this Court, I hereby invoke my powers u/s 482 Cr.P.C. to quash the aforesaid criminal proceedings.

9. Accordingly, the present transfer application is dismissed.

Order Date :- 26.2.2024

Om

 

 

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