Court No. - 83
Case :- APPLICATION U/S 482 No. - 16851 of 2021 Applicant :- Sanket Keswani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Saxena Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Pradeep Saxena, learned counsel for applicant, learned A.G.A. for State and Mr. M.F. Ansari, learned counsel representing opposite party 2.
Perused the record.
This application under section 482 Cr. P. C. has been filed challenging charge sheet No. 40 of 2017, dated 12.04.2017 submitted in Case Crime No. 176 of 2016, under Sections 498A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Gautam Budh Nagar, Cognizance Taking Order dated 06.05.2017 passed by Judicial Magistrate, Gautam Budh Nagar upon aforesaid charge sheet as well as entire proceedings of consequential Criminal Case No. 282 of 2017 (Sanket Keswani Vs. State of U.P. and another) arising out of above mentioned case crime number and now pending in the Court of Judicial Magistrate, Gautam Budh Nagar.
Record shows that first informant opposite party 2 Neeru Mishra, wife of Sanket Keswani lodged an F.I.R. dated 14.11.2016, which was registered as Case Crime No. 176 of 2016, under Sections 498A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Gautam Budh Nagar. In the aforesaid F.I.R., four persons namely Sanket Keswani, Smt. Nandani Keswani, Vasudev Keswani and Akaksha Keswani have been nominated as named accused.
After registration of above mentioned F.I.R., Investigating Officer proceeded with statutory investigation of above mentioned case crime number in terms of Chapter XII Cr. P. C. Upon completion of investigation, Investigating Officer submitted charge sheet dated 12.04.2017, whereby and whereunder only one of the named accused Sanket Keswani has been charge sheeted, under Sections 498A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act, whereas rest of the named accused have been exculpated.
After submission of aforementioned charge sheet, cognizance was taken upon same, vide Cognizance Taking Order dated 06.05.2017 passed by Judicial Magistrate, Gautam Budh Nagar. Resultantly, Criminal Case No. 282 of 2017 (Sanket Keswani Vs. State of U.P. and another) came to be registered, wherein applicant is alleged to have been summoned.
Feeling aggrieved by above, applicant approached this Court by means of Criminal Misc. Application under Section 482 Cr. P.
C. No. 20146 of 2017 (Sanket Keswani (Husband) Vs. State of U.P. & another), which was disposed of finally, vide order dated 06.07.2017. For ready reference, order dated 06.07.2017 is reproduced herein under:-
"Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 282/17 arising out of case crime no. 176 of 2016, under Sections-498A, 323, 504, 506 IPC and 3/4 D.P. Act police station Mahila Thana, District Gautam Budh Nagar pending before the concerned courts below as well as chargesheet dated 12.4.2017.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused.
However, it is directed that in case applicant appears and surrenders before the courts below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously on its own merits in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the applicant surrenders and applies for bail whichever is earlier, no coercive action shall be taken against the applicant.
However, in case, the applicant does not appear before the Courts below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid direction, the application is disposed off finally."
Subsequent to above order dated 06.07.2017, parties resolved their dispute outside the Court. On the basis of settlement so arrived at between parties, a memorandum of understanding/settlement was drawn on 26.02.2020, which has also been verified by the notary. Same is on record at page 16 of the paper book. Perusal of settlement agreement goes to show that parties agreed to terminate their marital relationship by filing a suit for divorce by mutual consent. Permanent alimony of Rs. 3,25,000/- was to be paid by applicant to opposite party 2 in accordance with the schedule of payment as mentioned herein under:-
"That it is settled between the parties that the above amount of Rs.3,25,000/- (Rupees three lakh twenty five thousand) will be paid by the First Party to the Second Party in the following manner:-
i. Rs. 1,25,000/- (Rupees One Lakh Twenty five thousands) at the time of recording of statements of the parties on the First Motion petition for grant of divorce.
ii. Rs. 1,00,000/- (Rupees One Lakh) at the time of recording of statements of the parties on the Second Motion petition for grant of divorce.
iii. Rs. 1,00,000/- (Rupees One Lakh) will be paid by the First Party to the Second Party at the time of quashing of the FIR before Hon'ble High Court at Allahabad."
In compliance of above mentioned memorandum of understanding, H.M.A. No. 515 of 2020 (Sanket Keswani Vs. Smt. Neeru Mishra) under Section 13 B of Hindu Marriage Act came to be filed. The first motion was completed on 31.7.2020. The second motion in the aforesaid suit was done on 21.01.2020. Ultimately, above mentioned divorce suit came to be decreed by Judge, Family Court, Karkardooma Courts, Shahdara, Delhi, vide judgement and decree dated 21.1.2021.
In the light of above, applicant has now approached this Court seeking quashing of entire proceedings of above mentioned Criminal Case.
Mr. Pradeep Saxena, learned counsel for applicant invited attention of Court to the memorandum of understanding arrived at between parties. He has referred to paragraph 4 of the memorandum of understanding, wherein parties agreed to withdraw their respective complaints, petitions and applications, where such proceedings/cases are pending. He further contends that in accordance with the terms of memorandum of understanding/settlement, parties have acted upon and their marital relationship has come to an end by virtue of judgement and decree dated 21.01.2021.
On the aforesaid premise, it is, thus, urged that no useful purpose shall be served by prolonging the proceedings of aforesaid criminal case. Consequently, present Criminal Misc. Application be allowed.
Per contra, learned A.G.A. and Mr. M.F. Ansari, learned counsel representing opposite party 2 do not oppose the present application.
Having heard learned counsel for applicant, learned A.G.A. for State and Mr. M.F. Ansari, learned counsel representing opposite party 2, this Court finds that no useful purpose shall be served by prolonging proceedings of above mentioned criminal case. Once parties have entered into a settlement which has also been acted upon, no justifiable ground exists to permit continuation of above mentioned case.
For the facts and reasons noted above, present application succeeds and is liable to be allowed.
Accordingly, proceedings of Criminal Case No. 282 of 2017 (Sanket Keswani Vs. State of U.P. and another) arising out of Case Crime No. 176 of 2016, under Sections 498A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Gautam Budh Nagar, and now pending in the Court of Judicial Magistrate, Gautam Budh Nagar, are, hereby, quashed.
Order Date :- 23.9.2021 HSM