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2025 DIGILAW 116 (ALL)

Suraj Singh v. State of U. P. Thru. Prin. Secy. Home Lko.

2025-01-24

SAURABH LAVANIA

body2025
JUDGMENT : Saurabh Lavania, J. 1. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed for the following main relief(s):- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully be prayed that this Hon'ble Court may graciously be pleased to quash the Charge sheet dated 18.10.2023, of Case crime No. 629/2023, U/s- 498-A, I.P.C. & Dowry Prohibition Act, 1961 , at Police Station P.G.I., District Lucknow and order of Cognizance dated 12.12.2023 passed by the learned court of Chief Judicial Magistrate, Lucknow, in the interest of justice." 3. Indisputably, the dispute between the parties is matrimonial in nature as an FIR registered as FIR No.0629 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act was lodged by opposite party no.2. The matter has been settled, as appears from Annexure -E to the report of Mediation & Conciliation Centre of this Court in Form 5. The relevant portion of settlement between the parties reads as under :- "6. The following settlement has been arrived at between the Parties hereto:- A. That both y have mutually agSuraj Singh (husband-First Party) and Shivani Singh (wife- Second Party) have mutes the agreed to live separately and dissolve their marriage by mutual consent. Both the parties have agreed to file a joint petition for divorce U/S 13-8 Hindu Marriage Act, 1955 before Family Court, Lucknow on or before 10 September, 2024. B. That both the martinske their read to appear before the concerned Family Court on the dater(s) fised and would make their earnest to obtain a decree of divorce in terms of d settlement agreement at the earliest. C. That the First Party/husband has agreed to pay to the Second Party wife and the Second Party has agreed to receive from the First Party a total sum of Rs 4,00,000/- (Rupees Four Lacs only) towards one time full and final settlement of the claims of Second Party from First Party including temporary/permanent alimony. D. That the First Party has handed over a Demand Draft No 415167 dated 27.08.2024 amounting to Rs 4,00,000/- (Rupees Four Lacs only) in the name of Shivani Kumari drawn on Bank of Baroda, Vrindavan Yojna Branch, Lucknow to the Second Party today ie. 27.08.2024 towards aforesaid payment. D. That the First Party has handed over a Demand Draft No 415167 dated 27.08.2024 amounting to Rs 4,00,000/- (Rupees Four Lacs only) in the name of Shivani Kumari drawn on Bank of Baroda, Vrindavan Yojna Branch, Lucknow to the Second Party today ie. 27.08.2024 towards aforesaid payment. The Second Party acknowledges receipt of the said Demand Draft. E. That the Second Party agrees to withdraw/ not pursue the cases filed by her against the First Party and his family members. The details of the cases are as under: (I) Case Crime No.629 of 2023 U/S 498-A, I.P.C. and Section 3/4 of D. P. Act, 1961, at P.S- P. G. I., District, Lucknow pending before Ld. Court of C.J.M., Lucknow. (II) FIR No.0041 of 2023 U/Ss 147,323,504 and 427 IPC , P. S. -P.G.I. pending before C.J.M. Lucknow. F. That both the parties have agreed that they have no objection if APPLICATION U/S 482 No.3804 of 2024 (Suraj Singh Vs State of UP & Another) is decided by the Hon'ble Court in terms of this settlement agreement. G. In addition to the abovementioned cases, if any other case is pending between the parties and/or any of their family members, it shall also be disposed off in terms of this settlement agreement and both the parties agree to co-operate to end all the litigation between the parties and their family members. H. 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. I. That both the parties agree that they shall be bound by the terms and conditions of this Settlement in strict sense. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings and in disposal of pending cases filed by her against the First Party and his family members, she shall return to the First Party the amount of Rs. 4,00,000/-(Rupees Four Lacs only) received by her from the First Party along with interest @ 12% p.a. with effect from the date of receipt of the amount from the First Party wef 27.08 2024 and till the date of its actual payment to the First Party. 4,00,000/-(Rupees Four Lacs only) received by her from the First Party along with interest @ 12% p.a. with effect from the date of receipt of the amount from the First Party wef 27.08 2024 and till the date of its actual payment to the First Party. J. That the First Party has agreed 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 to the First Party and the Second Party will be at liberty to reopen all her cases decided by the Hon'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum. 7. By Signing this Agreement the Parties hereto state that they have no further claims or demand against each other with respect to the matter involved in APPLICATION U/s 482 No. 3804 of 2024 (Suraj Singh Vs State of P. & Another) and all disputes and differences this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation." 4. It is stated that in view of the settlement arrived at between the parties, the present proceedings are liable to be quashed. 5. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699 ; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293 ; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330 ; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435 according to which inherent power under Section 482 Cr.P.C . (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531 , Gian Singh Vs. State of Punjab [ 2012 10 SCC 303 ], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106 , Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Madhya Pradesh, (2022) 14 SCC 531 , Gian Singh Vs. State of Punjab [ 2012 10 SCC 303 ], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106 , Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675 , Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692 , Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677 , Manoj Sharma Vs. State and others, 2008(16) SCC 1 , State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688 , Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466 , Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781 , Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584 , Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409 , according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed in view of the settlement and the observations made hereinabove. Consequently, the entire proceedings of FIR No.0629 of 2023 (Supra), indicated in the prayer, quoted above, are hereby quashed in view of settlement. 6. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.