Anuj Dhiria vs State Of U.P. Thru. Prin. Secy. Home, … on 21 January, 2025

Allahabad High Court

Anuj Dhiria vs State Of U.P. Thru. Prin. Secy. Home, … on 21 January, 2025

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:4181
 
Court No. - 12
 

 
Case :- APPLICATION U/S 482 No. - 7627 of 2024
 

 
Applicant :- Anuj Dhiria
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
 
Counsel for Applicant :- Puneet Saxena,Anurag Trivedi
 
Counsel for Opposite Party :- G.A.
 
Connected
 
Case :- APPLICATION U/S 482 No. - 6967 of 2024
 

 
Applicant :- Ritu Dhiria Chhugani And 2 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Puneet Saxena
 
Counsel for Opposite Party :- G.A.,Shishir Srivastava,Syed Zulfiqar Husain Naqvi
 

 
Hon'ble Saurabh Lavania,J.
 

1. Heard learned counsel for the applicant(s), learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record.

2. Both the applications filed under Section 528 Bharatiya Nagrik Suraksha Sanhita (in short “BNSS”) have been filed for the following main relief(s):-

“1. Pass an order quashing the entire proceedings arising out Case No.23746 of 2023 u/ss. 498-A, 323, 504, 506, 377 and 354-A I.P.C. and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 pending before the learned Special Chief Judicial Magistrate (Customs), Lucknow.

2. Pass an order quashing the charge-sheet no. 1 of 2021 dated 18.12.2022 u/ss. 323, 504, 506, 498-A, 377 and 354-A I.P.C. and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 which is annexed as Annexure No. 1 to this petition.

3. Pass and order quashing the order of summoning dated 03.03.2023 passed in Case No.23746 of 2023 by the learned Special Chief Judicial Magistrate (Customs), Lucknow which is annexed as Annexure No. 2 to this petition.”

3. In view of the facts and prayer(s) sought, quoted above, which are same, instant application(s) are being decided by this common order.

4. It appears that after considering the averments made in the instant application(s) and the documents in support thereof as also the submission made by learned counsel for the applicants, this Court vide order dated 07.08.2024, passed in Application u/s 482 No.6967 of 2024, has referred the matter to the Mediation & Conciliation Centre of this Court.

5. The order dated 07.08.2024 reads as under.

“Heard learned counsel for the applicants, learned AGA for the State of U.P. and Sri Syed Zulfiqar Husain Naqvi, Advocate alongwith Sri Shishir Srivastava, Advocate, who has filed Vakalatnama on behalf of opposite party No. 2 in the Court today, which is taken on record.

Present application has been filed by the applicant for quashing criminal proceedings related to Criminal Case No.23746 of 2023, under Section 498-A, 323, 504, 506, 377 & 354-A IPC and Section 3/4 of D.P. Act, P.S.-Gazipur, District-Lucknow North (Commissionerate Lucknow) as well as Charge sheet No. 1 of 2021 dated 18.12.2022 including summoning order dated 03.03.2023.

Considered the arguments advanced by the learned counsel for the parties and perused the record.

Upon due consideration of the facts, this Court is of the view that present application is liable to be entertained and interim protection to the applicant is liable to be granted. It is for the reason that the applicant No. 1 is the sister-in-law and living separately at New B-33/355, Near Gidwani Park, Bairagarh Huzur, P.S.-Bairagarh Bhopal, Madhya Pradesh and the informant/opposite party No. 2 after solemnizing the marriage with Anuj Dhiria was living at House No. 74, Shravan Kanta Estate Rsidential Colony, Nizamuddin, Narela Shankari Road, Ayodhya Nagar, P.S.-Ayodhya Nagar, Bhopal Madhya Pradesh and the allegations in the FIR against the applicant Nos. 1 and 3 are vague and omnibus except the allegation against the applicant No. 2 aged about 70 years levelled by the informant to attract the offence under Section 354-A IPC which prima facie appears to have been levelled to create the gravity of the offence and also that the applicant Nos. 2 and 3, who are father-in-law and mother-in-law of the informant, are ready to resolve the matrimonial dispute/discord between the informant and their son and to show the bonafide, it has been stated by the learned counsel for the applicant before this Court that the amount which was settled tentatively i.e. Rs. 36 Lakh between the parties would be deposited before this Court which shall be kept in an interest bearing account for the purposes of settlement of the dispute, which essentially matrimonial in nature and this amount aforesaid be released in favour of opposite party No. 2 after the dispute is settled.

It is, therefore, provided that the matter be placed before Mediation and Conciliation Centre of this Court on 30.08.2024. The applicants shall deposit the amount aforesaid Rs. 36 Lakh before this Court within a period of two weeks.

List/put up this case before this Court after completion of mediation on 30.09.2024 as fresh alongwith report in this regard showing the names of Sri Syed Zulfiqar Husain Naqvi, Advocate and Sri Shishir Srivastava, Advocate, as counsel for the opposite party No. 2.

Till the next date of listing, the proceedings in issue shall be kept in abeyance qua the applicants.

In case, the amount aforesaid is not deposited by the applicants within the time aforesaid, the interim protection granted by this Court shall not be available to applicants and the Court concerned is at liberty to proceed in the matter in accordance with the law.

It is also made clear that on the next date of listing, the interim order would not be extended without hearing the learned counsel for the applicant.”

6. In view of the order of this Court dated 07.08.2024, quoted above, a Demand Draft No.442434 dated 12.08.2024 to the tune of Rs.36 lakhs was deposited by the applicants in the account of Senior Registrar, Mediation & Conciliation Centre, High Court, Lucknow, which is apparent from copy of the tender on record as also the office note dated 20.08.2024.

7. In Application u/s 482 Cr.P.C. No.7627 of 2024, the following order was passed on 29.08.2024:-

“Vakalatnama filed by Mr. Syed Zulfiqar Hussain Naqvi, Mr. Shishir Srivastava, Ms. Nida Navi and Mr. Akarsh Asthana, Advocates on behalf of opposite party No. 2 is taken on record.

Heard counsel for the parties.

The present revision has been filed for the following main reliefs:-

“1. Pass an order quashing the entire proceedings arising out Case No. 23746 of 2023 u/ss. 498-A, 323, 504, 506, 377 and 354-A I.P.C. and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 pending before the learned Special Chief Judicial Magistrate (Customs), Lucknow.

2. Pass an order quashing the charge-sheet no. 1 of 2021 dated 18.12.2022 u/ss. 323, 504, 506, 498-A, 377 and 354-A I.P.C. and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 which is annexed as Annexure No. 1 to this petition.

3. Pass and order quashing the order of summoning dated 03.03.2023 passed in Case No. 23746 of 2023 by the learned Special Chief Judicial Magistrate (Customs), Lucknow which is annexed as Annexure No. 2 to this petition.”

Considering the fact that the matter/ dispute is essentially matrimonial in nature and is pending before the Mediation and Conciliation Centre in terms of order dated 07.08.2024 passed in Application u/s 482 No. 6967 of 2024 (Ritu Dhiria Chhugani and 2 Others Vs. State of U. P. and Another) and as such taking note of the same, let the matter be placed before Mediation and Conciliation Centre of this Court on 30.08.2024 along with Application u/s 482 No. 6967 of 2024 (Ritu Dhiria Chhugani and 2 Others Vs. State of U. P. and Another). The parties shall appear before the Mediation and Conciliation Centre on the date fixed.

Till the next date of listing, the proceedings in issue against the applicant shall be kept in abeyance.”

8. In terms of the order of this Court the parties appeared before the Mediation & Conciliation Centre. It appears from Annexure -D, the report of Mediation & Conciliation Centre of this Court, annexed as in Form 5 -Annexure -E that after due efforts of the learned Mediators namely Shri Anuj Kudesia and Sri Aakash Prasad, Advocates, the matrimonial dispute between Anuj Dhiria (husband), applicant in Application u/s 482 No.7627 of 2024 and opposite party no.2 in both the applications, detailed above, has been settled. The relevant paragraph no.6 of settlement between the parties reads as under :-

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

A. That both the parties namely Anuj Dhiria (husband-First Party) and Chandni Raitani (wife- Second Party) have mutually 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-B Hindu Marriage Act, 1955 before Family Court, Lucknow on or before 10 January, 2025.

B. That both the parties have agreed to appear before the concerned Family Court on the date(s) fixed and would make their earnest efforts to obtain a decree of divorce in terms of this 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.51,50,000/-(Rupees Fifty One Lakhs Fifty Thousand only) towards one time full and final settlement of the claims of Second Party from First Party including temporary/permanent alimony

D. That in compliance of Hon’ble Court’s order dated 07.08.2024 passed in APPLICATION U/s 482 No.6967 of 2024 (Ritu Dhiria Chhugani And 2 Others Vs. State of UP & Another), the First Party has deposited a sum of Rs.36,00,000/- (Rupees Thirty Six Lakhs only) in the Hon’ble High Court, Lucknow Bench, Lucknow vide Demand Draft No 442434. The Second Party has agreed for adjustment of said amount of Rs 36,00,000/- (Rupees Thirty Six Lakhs only) towards the aforementioned one time full and final settlement amount of Rs.51,50,000/- (Rupees Fifty One Lakhs Fifty Thousand only). The First Party has also agreed that he will have no objection if the Hon’ble Court releases the said amount of Rs. 36,00,000/- (Rupees Thirty Six Lakhs only) in favour of the Second Party

E. That both the parties have agreed that out of aforementioned amount of Rs.51,50,000/-(Rupees Fifty One Lakhs Fifty Thousand only), the balance amount of Rs. 15,50,000/- (Rupees Fifteen Lakhs Fifty One Thousand only) would be paid by the First Party/husband to the Second Party/ wife on the date of second motion of the joint petition to be filed U/S 13-B Hindu Marriage Act, 1955 before Family Court, Lucknow for which the First Party/husband would get prepared a Demand Draft (s).

F. That the First Paty has returned the entire jewellery of the Second Party given at the time of their marriage today i.e. 19.12.2024.

G. That the Second Party has agreed that she shall not have any objection if the APPLICATION Uis 482 No.7627 of 2024 (Amg Dhonia Vs State of P & Another) is allowed and the proceedings of Criminal Case No 23746 of 2013 ansing out of Case Crime No. 132 of 2001 498A, 323, 504, 506, 377 and 354-A IPC and Section 34 of DP Act registered at PS Gazipur, Lucknow pending before Special Chief Judicial Magistrate Customs) Lock quashed in terms of this settlement agreement.

H. That the parties have agreed to withdraw not press not to pursue the cases filed against nach other. The details of the cases are mentioned hereunder:

(i) Criminal Case No. 23746 of 2023 arising out of Case Crime Nis. 332 of 2021 Liv 4984, 323, 304, 506, 377 and 354-A LPC and Section 14 of D P. Ad registered at P.S. Gazipur, Lucknow.

(ii) Case No. 761 of 2021 U/S 125 CPC (Chandni Raitani Vs. Anuj Dhiria) pending before Additional Principal Judge-11, Lucknow.

(iii) Case No. 591 of 2024 U/S 340 Cr.P.C. (Anuj Dhiria Vs. Chandni Raitani) pending before Additional Principal Judge-11. Lacknow.

(iv) Case No. 3135 of 2021 U/S 12 D.V. Act (Chandni Raitani Vs. Anuj Dhiria and others) pending before Special Chief Judicial Magistrare (Custom) Lacknow.

(v) Case No. 1334 of 2024 U/S 340 Cr. P.C. (Amy Dhiria Vs. Chandni Raitani) pending before Special Chief Judicial Magistrate (Customs) Lucknow.

(vi) Case No.17715 of 2021 U/Ss 452, 354, 294, 323, 506 and Section 34 IPC arising out of F.I.R. No.409 of 2021 registered at P.S. Ayodhya Nagar, Bhopal in which Amit Kumar Raitani, Kanta Devi and Basudeo Raitani are acused.

(vii) M.C.R.C. No.32920 of 2021 (Amit Kumar Raitani and Others Vs. State of Madhya Pradesh and others) pending before Hon’ble High Court of Madhya Pradesh, Principal Bench, Jabalpur.

I. That the cousin sister of First Party namely Pinki Dhiria vide power of attorney dated 18.12.2024 has authorized the First Party to sign this settlement agreement and agreed to withdraw any kind of legal proceedings specifically in relation to Case No.17715 of 2021 U/Ss 452, 354, 294, 323, 506 and Section 34 I.P.C. arising out of FIR. No.409 of 2021 registered at P.S. Ayodhya Nagar, Bhopal

J. That the sister of First Party namely Ritu Dhiria Chhugani, father of First Party namely Suresh Dhiria and mother of First Party Kanchan Dhiria vide power of attorney dated 28.09.2024 have authorized the First Party to sign this settlement agreement and agreed to withdraw any kind of legal proceedings specifically in relation to Criminal Case No.23746 of 2023 arising out of Case Crime No.332 of 2021 U/s 498-A, 323, 504, 506, 377 and 354-A I.P.C. and Section 3/4 of D.P. Act registered at P S. Gazipur, Lucknow

K. That the parties have agreed that 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.

M. That both the parties have agreed 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.

N. 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 or 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 demands against each other with respect to the matter involved in APPLICATION U/s 482 No.7627 of 2024 (Anuj Dhiria Vs State of U. P & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/ Mediation.”

9. 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 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, both the application(s) are allowed. Consequently, the entire proceedings arising out of FIR/Case Crime No.0332 of 2021, quoted above, are hereby quashed qua the applicants.

10. Rs.36 lakhs deposited through Demand Draft No.442434 dated 12.08.2024 shall be released in favour of opposite party no.2.

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

Order Date :- 21.1.2025

Anand/-