Tejas Tripathi And Others vs State Of U.P. Thru. Addl. Chief Secy. … on 12 June, 2025

Allahabad High Court

Tejas Tripathi And Others vs State Of U.P. Thru. Addl. Chief Secy. … on 12 June, 2025

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:35390-DB
 
Court No. - 2
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1313 of 2024
 

 
Petitioner :- Tejas Tripathi And Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others
 
Counsel for Petitioner :- Shree Prakash Shukla
 
Counsel for Respondent :- G.A.,Aparna Sinha,Gaurav Srivastava,Kapil Dev Chaubey,Raghvendra Pratap Singh
 

 
Hon'ble Saurabh Lavania,J.
 

Hon’ble Syed Qamar Hasan Rizvi,J.

Heard.

By means of this petition, the petitioners have sought quashing of F.I.R. dated 11.01.2024, bearing Case Crime No.11/2024, for the offence under Sections 323, 504, 506, 498-A I.P.C. and Section 3/4 of the Dowry Prohibition Act, registered at Police Station Ashiyana, District – Lucknow.

Considering the facts of the case and the submissions made by the learned counsel for the petitioners including the dispute between the parties and the offence against the applicants, this Court vide order dated 29.08.2024 referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties.

In compliance of order of this Court dated 29.08.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 13.12.2024 has submitted its report, which has been annexed as ‘Annexure- E’, wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels.

The relevant para of settlement agreement 13.12.2024 is extracted herein-under:

“6. The following settlement has been arrived at between the Parties hereto:-

A. That both the parties namely Tejas Tripathi (husband-First Party) and Prachi (wife-Second Party) have mutually agreed to live separately and dissolve their marriage by mutual consent. For the purpose of dissolution of their marriage, the parties have filed a petition for divorce with mutual consent bearing Matrimonial Case No.4194 of 2024 U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Lucknow. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest.

B. That the First Party/husband has agreed to pay and the Second Party/wife has agreed to receive a total sum of Rs. 15,25,000/- (Rupees Fifteen Lacs Twenty Five Thousand only) towards one time full and final settlement of all the claims of the Second Party/wife including the claim for temporary/permanent alimony against First Party.

C. That in compliance of Hon’ble Court’s order dated 27.02.2024 passed in CRIMINAL MISC. WRIT PETITION No. 1313 of 2024 (Tejas Tripathi & Others Vs State of U.P. & Others), the First Party has deposited a sum of Rs.50,000/- (Rupees Fifty Thousand only) before the Mediation and Conciliation Centre, Allahabad High Court, Lucknow vide Demand Draft No.036538. The Second Party has agreed for adjustment of said amount of Rs.50,000/- (Rupees Fifty Thousand only) towards the aforementioned one time full and final settlement amount of Rs.15,25,000/- (Rupees Fifteen Lacs Twenty Five Thousand only). The First Party has also agreed that he will have no objection if the Hon’ble Court releases the said amount in favour of the Second Party.

D. That both the parties have agreed that the balance amount of Rs. 14,75,000/- (Rupees Fourteen Lacs Seventy Five Thousand only) would be paid by the First Party to the Second Party/wife in two installments through Demand Draft drawn in favour of Prachi Tiwari. The first installment of Rs.7,25,000/- (Rupees Seven Lacs Twenty Five Thousand only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before the Mediation and Conciliation Centre, Allahabad High Court, Lucknow. The second installment of Rs. 7,50,000/- (Rupees Seven Lacs Fifty Thousand only) will be paid by the First Party/husband to the Second Party/wife at the time of second motion of the joint petition filed Under Section 13-B, Hindu Marriage Act, 1955 before Family Court, Lucknow.

E. That the First Party has handed a Demand Draft No.001360 dated 08.11.2024 amounting to Rs.7,25,000/- (Rupees Seven Lacs Twenty Five Thousand only) in favour of Prachi Tiwari drawn on HDFC Bank to the Second Party today i.e. 13.12.2024 towards aforesaid payment of First installment.

F. That the parties have agreed to withdraw/not press/not to pursue the cases filed against each other and their family member related to the present dispute. The details of the cases are as under:

(i) Case Crime No.0011 of 2024 U/S 323, 504, 506, 498A IPC and Section 3/4 D. P. Act, P. S. Ashiyana, District-Lucknow.

(ii) Case No.203 of 2024 U/S 9 of Hindu Marriage Act, pending before Family Court, Lucknow. H. 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.

L. 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.

J. 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 will return to the First Party the entire amount received by her from the First Party along with interest @ 9% p.a. with effect from the date of receipt of the amount/installment from the First Party and till the date of its actual payment to the First Party and the First Party will be at liberty to reopen all his cases decided by the Hon’ble Court.

K. 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.”

Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the report of the Mediation and Conciliation Centre of this Court 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 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. Consequently, the impugned Case Crime No.11/2024, quoted above, is hereby quashed qua the petitioners in terms of settlement agreement.

Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.

Order Date :- 12.6.2025

Mohit Singh/-