Mallika Gupta v. Neeraj Varshney

Court No. - 39 Case :- FIRST APPEAL No. - 483 of 2019 Appellant :- Mallika Gupta Respondent :- Neeraj Varshney Counsel for Appellant :- Mahesh Sharma,Anil Kumar Verma Counsel for Respondent :- Rohit Shukla,Rahul Sahai Hon'ble Saumitra Dayal Singh,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri G.S. Chauhan, Advocate, holding brief of learned counsel for the appellant and Sri Rohit Shukla, learned counsel for the respondent.

¶2Present appeal has been filed under Section 19 of the Family Courts Act, 1984, arising from the order dated 06.04.2019 passed by the Principal Judge, Family Court, Jhansi in Petition No. 257 of 2014 (Neeraj Varshney Vs. Smt. Mallika Gupta). By that order, the learned court below has dissolved the marriage between the parties under Section 13 of the Hindu Marriage Act, 1955. By that common order, the learned court below also rejected the application moved by the present appellant under Section 125 Cr.P.C.

¶3Learned counsel for the respondent informs, besides the above two proceedings, there was a third proceeding under the Protection of Women from Domestic Violence Act, wherein vide order dated 07.06.2018, interim maintenance @ Rs. 25,000/- per month had been awarded against the respondent. Arising therefrom Criminal Revision No. 1940 of 2018 is still pending before this Court.

¶4In the above backdrop, a written compromise is disclosed to have been reached between the parties on 19.12.2020. A copy of the same has been annexed to the withdrawal application. Perusal of the same reveals, subject to payment of Rs. 28 lakhs (in all) by the respondent to the appellant, the present appellant agreed to withdraw the present proceeding and the parties have agreed that the marriage between them shall stand dissolved in terms of the order passed by the learned court below. Further, the appellant will not press further either any proceeding arising from 125 Cr.P.C. or her complaint lodged under the Protection of Women from Domestic Violence Act and that she will not institute or press any other civil or criminal proceeding against the respondent.

¶5Thus, it is agreed between the parties that the respondent may seek appropriate relief in the pending Criminal Revision No. 1940 of 2018 to which the appellant has no objection. As to payment, it is further agreed Rs. 15 lakhs is described to have been paid up to the appellant at the time of settlement dated

19.12.2020 being drawn. The balance amount Rs. 13 lakhs has been paid over to the appellant by means of Demand Draft No. 461477 dated 07.12.2023 drawn in favour at Canara Bank, Mathura. The same has been handed over to the learned counsel for the appellant.

¶6In view of the above, no dispute survives. Accordingly, the withdrawal application no. 4 of 2022 is allowed. Consequently, the present appeal is dismissed as withdrawn, subject to compliance of the compromise reached between the parties. Order Date :- 11.12.2023 Abhilash . (Vinod Diwakar, J.) (S. D. Singh, J.) High Court of Judicature at Allahabad